Divorce
 In Kentucky, a
marriage is a three-way contract between the husband, the wife and the
state. This is why the LAW must be involved in the break up of a
marriage.
Further, the Commonwealth of
Kentucky is a "no fault" state, which means that our laws
dictate 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
-
Maintenance
of the disadvantaged spouse (if any) -- This used to be called
"alimony", sometimes "spousal support"
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.
Kentucky laws relating
generally to marriage, divorce, annulment, etc. include:
Kentucky Revised
Statutes (KRS) 403:
General Provisions
--
-
KRS
403.010: Court may grant divorce -- Remarriage.
-
KRS
403.025: Proof in action for dissolution of marriage;
credible witnesses.
-
KRS
403.036: Mediation not to be ordered unless conditions are
met.
-
KRS
403.040: Annulment of divorce decree -- Effect.
-
KRS
403.041: Judgment of divorce may be annulled.
-
KRS
403.042: Judgment of divorce from bed and board may be
annulled.
-
KRS
403.044: Testimony in certain cases not taken for sixty days
after complaint filed.
-
KRS
403.050: Divorce from bed and board -- Grounds and legal
effect.
-
KRS
403.090: Friend of the court -- Appointment -- Tenure --
Duties -- Wage withholding collections -- Compensation.
-
KRS
403.110: Purpose of chapter.
-
KRS
403.120: Marriage -- Court may declare invalid.
-
KRS
403.130: Rules of Civil Procedure to apply.
-
KRS
403.135: Protection of personal identifiers in domestic
relations cases.
Dissolution --
Legal Separation --
-
KRS
403.140:
Marriage -- Court may enter decree of dissolution or separation.
-
KRS
403.150:
Procedure -- Commencement of action, pleadings, abolition of
existing defenses.
-
KRS
403.160:
Temporary orders -- Maintenance, child support, injunction --
Disclosure of information on domestic violence or child abuse.
-
KRS
403.170: Marriage --
Irretrievable breakdown.
-
KRS
403.180:
Separation agreement -- Court may find unconscionable.
-
KRS
403.190:
Disposition of property.
-
KRS
403.200:
Maintenance -- Court may grant order for either spouse.
-
KRS
403.210: Recognition
of "Family Support Act of 1988" mandate.
-
KRS
403.211:
Action to establish or enforce child support -- Rebuttable
presumption for award -- Allocation of child-care costs and health
care expenses -- Order for payment of health insurance coverage --
Noncustodial parent's health plan -- Attachment of income -- Credit
for disability payments.
-
KRS
403.212: Child
support guidelines -- Terms to be applied in calculations -- Table.
-
KRS
403.213:
Criteria for modification of orders for child support and for health
care -- Effects of emancipation and death of obligated parent --
Commission to review guidelines.
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KRS
403.215:
Assignment of wages for child support obligations.
-
KRS
403.220: Costs
of action and attorney's fees.
-
KRS
403.230: Legal
separation -- Court may convert, to a decree of dissolution --
Restoration of former name.
-
KRS
403.240:
Decree or temporary order -- Failure to comply with -- Good-cause
defense -- Attorney's fees.
-
KRS
403.250:
Modification or termination of provisions for maintenance and
property disposition.
Other important reading:
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