JURISDICTION & VENUE
The first thing which must be decided is where to file your divorce.
Lawyers and judges call this "jurisdiction" and "venue". This information is
designed to help you and your lawyer decide in which state and county to file
your divorce.
JURISDICTION For the courts in Kentucky to have the legal power
(or jurisdiction) to decide your case, you must have been a resident of Kentucky
for at least 180 days
(6 months) before you can file for divorce here. If you have not lived in
Kentucky for 180 days, you may still be entitled to other relief, but you must
be candid with the court.
VENUE The county you will file your papers in is usually the
county where you both have been living, but this is not always the case. One
exception to this rule can occur if you or your children have moved out of the
marital residence and into a home in a different county. If this has happened,
you will need to discuss that special circumstance with your attorney.
There are other situations which can make the issue of residency a little
more complex. Such a situation would be when one or both of you spend part of
your year in Kentucky or you live in this state and your spouse lives in
another. The fundamental decision on jurisdiction is critical. Courts cannot
decide cases where they lack jurisdiction. No one knows your situation better
than you. It is your responsibility to convey jurisdiction and venue information
to your lawyer.
Your Spouse's Residency
Where your spouse lives will have a bearing on your divorce. If you are the
one to file the Petition and you have met the jurisdiction requirements, the
action will be filed in the county where you reside. If your spouse lives
outside your county, then he/she will probably have to be served in the county
of his/her residence. If, on the other hand, your spouse lives outside the
Commonwealth of Kentucky, then he/she will have to be served through the
"Long-Arm Statute" via the Kentucky Secretary of State by certified mail.
Special rules also apply if your spouse is in the military.
Jurisdiction and Child Custody Disputes
Where you and your spouse live will also have a bearing with respect to any
child custody issues. Because your situation may be unique, this is a matter you
should discuss with your attorney.
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