Marriage, an institution meant to last a lifetime, doesn’t always have a happy ending. Some couples find themselves choosing to end their marriage, even in the face of one spouse serving a prison sentence. If you happen to be in this situation and are wondering about the possibility of getting a divorce while your spouse is incarcerated in Kentucky, let’s delve into the details.
Yes, Divorce Is Possible
The answer to your question is yes. Kentucky law permits individuals to file for divorce under specific circumstances, irrespective of whether their spouse is serving time in jail or not. To determine if you qualify for a divorce, it is advisable to consult a family lawyer who specializes in divorce cases.
Grounds for Divorce
In order to file for a divorce in Kentucky, there must be valid grounds or reasons for the separation. Various valid reasons include:
- Abandonment
- Adultery
- Irretrievable breakdown of the marriage
- Cruelty
- Various addictions
It’s important to note that simply having a spouse behind bars doesn’t, by itself, establish grounds for a divorce. However, you may be able to use their imprisonment as a factor in your favor when seeking a favorable ruling. To better understand your specific circumstances, consulting an attorney in your local area would be in your best interest.
Child Custody and Visitation
Obtaining a divorce while having children with an incarcerated spouse can complicate matters. You will need to make arrangements for child custody, support, and visitation. It’s vital to recognize that the court doesn’t punish the offender by terminating their parental rights. Rather, the court focuses on determining what would be in the best interests of the child involved.
Conclusion
In conclusion, if you find yourself in a situation where you wish to end your marriage but have concerns due to your spouse’s incarceration, rest assured that you can still obtain a divorce in Kentucky. However, you will need valid grounds for the separation and must make suitable arrangements for any children you have together.
To navigate through this complex process and ensure your rights are protected, it is crucial to seek guidance from an experienced divorce attorney. By reaching out to an attorney today, you can take the first step toward a new chapter in your life.