Divorce

In Kentucky, a marriage is a three-way contract between the husband, the wife and the state.

Further, Kentucky is a "no fault" state, which means that either party can seek a divorce or dissolution of the marriage and the court assesses no "blame" for the failure of the marriage.

Because "fault" is not a factor in dissolving a marriage, the key issues become:

• Care, custody and support of the minor children
   

• Restoration of non-marital property (things owned before the marriage, inherited by one of the parties or that were a specific gift to one of the parties)
   

• Division of marital assets (bank accounts, investments, retirement and pension funds, real estate, vehicles, business interests, personal property, etc.)
   

• Assignment of responsibility for the payment of debt

Kentucky has a confusing and important exception to the general concept of "no fault" in dissolution. If you are seeking maintenance, your fault (i.e., adultery, drunkenness or other egregious misconduct) may well be used against you. Only the fault of the party seeking maintenance will be considered. The fault of the party against whom maintenance is sought, on the other hand, will generally not be considered.

Other important reading:

• Divorce:

  • Grounds for Divorce

  • Jurisdiction and Venue

  • Divorce for Military Personnel in Kentucky

  • Vital Personal Information

  • Restoration of Non-Marital Property

  • Division of Marital Property

  • Division of Debts

  • Maintenance (formerly known as "alimony")

  • Other Financial Issues

• Children:

  • Custody & Visitation

  • Child Support

  • Adoption

  • Protecting the Children