Kentucky No Fault Divorce

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Every marriage cannot prove to be a successful experience for every individual. From past several decades, it has been observed that many people end up taking some harsh decisions in their lives like getting separation from their respective partner. Every legal process provides a legal end to the marriage and permits the couple to lead a separate life. The process is of varied types depending upon the circumstances between both the spouses. The no fault case is one of the common legal process that occur in several states in the US. Similarly, Kentucky is also one of those states where only no fault case is granted to the divorcing spouses. The courts during Kentucky no fault process do not consider reasons like desertion or brutality for filing the case. The divorce can be granted only on no fault grounds. It means either of two spouses can simply file the case even if the other partner is not in favor of getting separation. This is possible because no specific complaints or blame is considered in a no fault case. The most considerable part of the overall procedure is the mentioning of appropriate grounds on the basis of which divorce is permitted to the spouses.

Grounds of Kentucky no fault divorce

In order to attain legal permission about ending your marriage in Kentucky state, you must fulfill the primary requirement. The primary criteria is to mention definite or suitable ground that is valid as per the state laws and rights. Therefore, one divorcing partner has to report that their marriage is irretrievably broken due to irreconcilable differences.

Residency requirements of Kentucky no fault divorce

The divorcing partner who files the caseshould Kentucky state for 180 days prior to the filing divorce. If this partner is a member of the armed services, then, he or she must be stationed in this state for the specified period.

The divorcing parties have to reside apart and live separately for at least sixty days, before the divorce can be granted. During this separation period, it is permissible if the divorcing couple resides in the same house, however, in the absence of sexual cohabitation.

In those cases, in which minor children are involved, a period of sixty days must have been passed after the date of filing, and only after this period, a testimony can be taken or heard.

Role of Marital Settlement Agreement

If the divorcing partners desire to apply for an uncontested divorce, then, along with the petition it is expected that the Marital Settlement Agreement should also be filed. The court estimates the accuracy of the agreement and provides the final approval. This agreement consists of the following data:

  • How the divorcing partners would divide joint bank accounts, vehicles, household items etc?
  • How divorcing partners would manage mortgages or debts?
  • How divorcing partners would handle the family residence after divorce?
  • Which divorcing partner would pay alimony and how much?
  • Whether the wife would retain her name or restore her maiden name?
  • The parenting plan including the legal custody and physical custody

Certain points to be kept in mind

  • It is recommended to pursue a Do It Yourself no fault divorce in Kentucky, if the case is an uncontested one. As a result, there is no need to hire an attorney for assistance
  • If the divorce is a contested one, it is advisable to take the assistance of an attorney
  • Each property attained during the marriage is considered as a marital property. Hence, marital property is further fairly distributed between both the spouses
  • The court aims at dividing the property fairly and equitably between the divorcing partners. It means it is not necessary that the property will be equally divided in a 50:50 ratio, rather unequal property division may also result due to some additional needs of either of the two partners
  • In contested cases, the court attempts to offer the best interests of the child before taking any decision regarding the child custody issue
  • Section 403.230 states that when a marriage is announced invalid or dissolved, and if the divorced partners have no children, then the court might order that the former name or maiden name of the wife may be restored upon request by the wife
  • The divorce laws and rights defined for Kentucky state greatly emphasizes on filling of some additional forms in special conditions like if the child is also involved during the parent's divorce and likewise.

Kentucky no fault divorce involves the fulfillment of some basic necessities from both the parties. The residency requirement and suitable grounds are the major criteria before granting legal permission to the spouses.

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