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Is Kentucky a no fault divorce state?

If you are a married Kentucky resident thinking about filing for divorce, you may be worried about how to proceed, how your children’s custody and visitation will be handled, and a myriad of other issues. You will be glad to know that, per the Legal Aid Network of Kentucky, Kentucky is a no fault divorce state. When you file for divorce, you need not claim that your spouse did anything to destroy your marriage. All you need to claim is that it is irretrievably broken.

There is nothing that your spouse can do to stop you from getting a divorce. There is, however, a residency requirement. Either you or your spouse must have lived in the Kentucky county where your divorce is filed for at least six months prior to the filing date. There is also a mandatory waiting period of at least 60 days before your divorce can become final. During this period, you and your spouse must attend Families in Transition classes and the court can issue temporary orders regarding custody, child support, and other matters.

Custody and visitation

A court takes many things into consideration when deciding custody issues, including the following:

  • Your wishes and those of your spouse
  • Your child(ren)’s wishes
  • Each child’s relationship with his or her parents, other siblings and other people who significantly impact his or her best interests
  • Each child’s home, school and community involvement
  • Each child’s physical and mental health, as well as that of all other involved people
  • Any evidence of current or previous domestic violence

The noncustodial parent usually will be granted visitation on every other weekend, plus one weekday evening. Such visitation may be limited should there be proof that it would not be in the best interests of the child. You need to be aware, however, that in Kentucky, visitation does not depend on the noncustodial parent paying his or her child support amounts. While this information should not be taken as legal advice, it can help you understand the process and what to expect.

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