Question 1

How Is “Divorce” Defined In Kentucky, And What Are Common Legal Grounds For Filing?

Accepted Answer

In Kentucky, legally ending a marriage through the court system is called a “dissolution of marriage,” commonly referred to as divorce. Kentucky allows for a no-fault divorce, meaning neither you nor your spouse needs to prove that the other is at fault for the marriage ending.

In the past, someone seeking a divorce in Kentucky would need to provide evidence of infidelity or significant marital issues. Now, a no-fault divorce allows you and your spouse to part ways more simply, without needing to prove who, if anyone, was at fault for the breakup.

Finally, the court must determine that the marriage is irretrievably broken before issuing a divorce decree. This requirement ensures the decision to dissolve the marriage is final.

Question 2

What Does “Non-Contested Divorce” Mean In McCracken County, And How Does It Differ From A Contested Divorce?

Accepted Answer

In a non-contested divorce, both you and the other party agree on all issues related to the end of your marriage. This includes the division of property, spousal support, child custody, and child support. In this case, you and the other party work together to determine what your arrangements and agreements will look like post-divorce and do not need a judge to hand down a decision on these matters.

This can result in a much faster, less expensive, and less stressful divorce than a “contested divorce,” which requires a judge’s ruling to decide these matters.

Question 3

What Are “Irreconcilable Differences” In Kentucky Divorce Law, And When Are They Applicable?

Accepted Answer

In Kentucky, “irreconcilable differences” refers to significant disagreements or conflicts between you and your spouse that make it impossible to continue living together as a married couple.

This term is commonly used to show that a marriage has broken down beyond repair due to these differences, with no reasonable chance of reconciliation. Examples might include ongoing financial disputes, communication breakdowns, or conflicts involving extended family members.

By using “irreconcilable differences” as a basis, Kentucky’s no-fault divorce process allows couples to move forward without placing blame, focusing instead on resolving matters amicably.

Question 4

What Are “Marital Assets,” And How Are They Divided During A Kentucky Divorce?

Accepted Answer

In Kentucky, marital assets include all property acquired by either spouse during the marriage and before legal separation. Exceptions are property obtained as a gift or inheritance by one spouse and items acquired before the marriage.

The division of marital assets during a divorce involves a three-step process:

The court determines whether each item of property is classified as marital or non-marital.
Non-marital property is assigned to the spouse who owns it.
Marital property is then equitably divided between the spouses.
The court’s equitable division process does not consider issues like infidelity or personal conflicts. Instead, it focuses on factors such as each spouse’s contribution to acquiring the property, the length of the marriage, and the financial circumstances of both parties at the time of the divorce. This approach aims to achieve a fair—but not necessarily equal—distribution.

Question 5

What Is The Difference Between “Community Property” And “Equitable Distribution?”

Accepted Answer

Community property is associated with property owned through a Kentucky community property trust during marriage. Once your marriage ends, the trust terminates, and those assets are distributed equally to each spouse.

Equitable distribution, however, is meant to be fair but not necessarily equal. Under Kentucky law, the court divides marital property and considers factors like the value the property holds to each spouse and your separate economic situations.

This result is a distribution of assets and property which may not be equal on a 50-50 basis but is meant to be just and fair to both parties.

Question 6

What Is A “Divorce Decree,” And What Role Does It Play In Finalizing The Divorce Process IN McCracken County?

Accepted Answer

A divorce decree is a legal document issued by the circuit court that formally ends a marriage. It serves as the official record of the marriage’s dissolution and outlines the terms of the divorce.

The decree includes the court’s decisions on key matters such as child custody, child support, spousal maintenance, and the division of assets. Once signed and entered by the clerk, the divorce decree is final and legally binding.

If your divorce is uncontested and does not require a court judgment, you may obtain a decree by filing a motion for final disposition with the court. This process ensures that all legal requirements—such as Kentucky residency and proof that the marriage is irretrievably broken—are satisfied before the marriage is officially dissolved.

Question 7

How We Support Clients Like You

Accepted Answer

The Leonard Law Firm will help guide you through the divorce process with care, ensuring that you understand your rights and that your interests are clearly represented throughout. Divorce can be extremely emotional, and it’s our job to help you through each step with compassion, clarity, and focus.

We’ll help you navigate decision-making and give you the support you need to express and reshape your emotions, giving you access to stress-reduction and grief management tools. We’re here to represent your needs and interests clearly as we help you move forward toward a much brighter and healthier future.

Still Have Questions? In Need Of Legal Representation?

For more information on The Divorce Process In Kentucky, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (270) 817-7221 today.

Essential Legal Terms In Divorce: A Reference Guide For Clients In Kentucky