Divorce is a complex and emotionally-charged process, which is further compounded for couples who have been living apart for an extended period. The state of Kentucky has specific legal requirements and procedures in place when it comes to obtaining a divorce after a long-term separation. This comprehensive article aims to shed light on the intricacies involved and equip you with the necessary knowledge.
Legal Requirements
Before filing for divorce in Kentucky, regardless of the length of the separation, certain legal requirements must be met. Firstly, at least one spouse must have resided in Kentucky for a minimum of six months prior to initiating the divorce proceedings. This is commonly referred to as the "residency requirement."
Moreover, Kentucky adopts a no-fault divorce approach, whereby a divorce can be granted without either party having to substantiate the blame for the breakdown of the marriage. The sole requirement for a no-fault divorce in Kentucky is that the marriage is irretrievably broken.
Types of Separation
In Kentucky, there are two types of separation that can transpire prior to divorce: legal separation and physical separation.
Legal Separation
When a couple files for separation in court and establishes a separation agreement, legal separation occurs. This agreement typically delineates how assets and property will be divided and encompasses arrangements for child custody and support. In Kentucky, if there is no reconciliation, a legal separation can be converted into a divorce after a year (365 days) has elapsed.
Physical Separation
When a couple decides to live separately without pursuing a legal separation, a physical separation occurs. This can be due to any reason and does not necessitate court intervention. In Kentucky, a divorce can be granted if the couple has remained physically separated throughout a period of two years or longer.
Filing for Divorce after Long-Term Separation
If a couple has been living apart for a significant period, obtaining a divorce in Kentucky can be more intricate. The duration of the separation plays a crucial role in determining the appropriate type of separation to utilize when filing for divorce.
Legal Separation
Should the couple have already pursued legal separation, converting it into a divorce after a year without any attempt at reconciliation requires filing a motion to convert. The guidance and assistance of a knowledgeable attorney can be invaluable in navigating this process.
Physical Separation
If the couple has lived separately for less than two years, legal separation must be filed, and a one-year waiting period must be observed before proceeding with a divorce. Conversely, if the couple has been physically separated for two years or more, they have the option to directly file for divorce without undergoing the legal separation process.
Property Division
In Kentucky, property division is based on the principle of equitable distribution. This signifies that assets, property, and debts accumulated during the course of the marriage will be divided fairly, though not necessarily equally. However, in cases of divorce following a long-term separation, property division becomes more intricate, especially if assets and debts have been amassed separately during the separation period.
Spousal Support
Known as alimony, spousal support refers to the financial assistance provided by one spouse to the other following a divorce. In Kentucky, the awarding of spousal support depends on various factors, including the duration of the marriage, each spouse’s earning capacity, and the contributions made throughout the marriage. In a divorce after a lengthy separation, spousal support may be granted if one spouse has been financially dependent on the other during the separation duration.
Child Custody and Support
Child custody and support are often the most contentious aspects of a divorce. In Kentucky, child custody is determined based on the child’s best interests. Factors taken into account include the relationship between the child and each parent, the ability of each parent to provide for the child’s needs, and the mental and physical well-being of each parent.
Child support in Kentucky is calculated by considering the income of both parents and the specific needs of the child. This encompasses expenses such as medical care, education, and extracurricular activities. In cases of divorce following a long-term separation, child custody and support can become more intricate if the child has primarily resided with only one parent for an extended period.
Conclusion
Divorce after a long-term separation in Kentucky is a complex and emotionally challenging process. It is imperative to seek guidance from an experienced family law attorney who can navigate you through the legal requirements and procedures, while also advocating for your best interests. With the ideal support, you can confidently move forward and create a new future for yourself and your family.