Divorce Lawyer in Louisville
Even though divorce has become a fact of life in the world today, it is still very unpleasant for everyone involved. When couples take their marriage vows, very few of them believe that the marriage will end in divorce. Walking away after making such a heavy emotional investment is one of the most heart-wrenching decisions most divorcing spouses make, and it is usually followed by some unwelcome consequences.
A marriage in Kentucky is more than just a contract between two people. It is actually a three-way contract between you, your spouse, and the Commonwealth. This is why the state has to be involved in the marriage dissolution as well.
Divorce involves difficult choices and negotiations, which is why having an experienced Kentucky divorce lawyer in your corner is essential. The Ron Aslam Law Office is a full-service family law firm that has established a reputation for positive results paired with compassion in divorce cases throughout the state. Attorney Aslam has in-depth knowledge of this area of the law, and he puts his extensive experience to work to provide innovative, practical, and effective legal solutions for each client he serves.
Requirements for a Divorce in Kentucky
You may believe that, if you’re married and living in Kentucky, you can file for divorce. This may not be the case. The law in the Commonwealth has some specific requirements before you can officially end your marriage.
Specifically, at least one spouse must have been a resident of Kentucky for a minimum of 180 days prior to filing for divorce. The courts will not grant a divorce unless the parties have been living apart for at least 60 days. Also, the petition for dissolution of marriage needs to be filed in the county where the spouse is a resident.
Grounds for Kentucky Divorce
Kentucky is a “no-fault” state, meaning anything your spouse did or failed to do during the marriage can’t be used as grounds for divorce. The only acceptable grounds in a Kentucky divorce are that the marriage is “irretrievably broken.”
Unfortunately, the court might not immediately grant a divorce, particularly if one party doesn’t agree that the marriage is irretrievably broken. Instead, the parties might be ordered to get counseling or attend a conciliation conference before there is a final decision.
What is a Kentucky Legal Separation?
Some couples in Kentucky no longer want to be together but wish to remain married for a variety of reasons. These might be for religious purposes or related to the collection of certain benefits.
Kentucky does allow for a legal separation, also sometimes called a “divorce from bed and board” or a “limited divorce.” This does not officially end the marriage, but there will be legal provisions in place for such things as child custody and child and spousal support. The grounds for this process are the same as for a standard divorce.
Can I Get an Annulment in Kentucky?
Annulments are different from divorces because the result is that there was never a valid marriage. These are only granted in Kentucky under limited circumstances. If you want to pursue an annulment, you should consult with a family law attorney about your case. Some of the grounds that might be valid for this process include:
- A spouse was forced into or unable to consent to the marriage
- A spouse committed fraud regarding the marriage
- The couple is more closely related than second cousins
- One spouse was determined to be impotent
- One spouse was under the age of 18 at the time of marriage
- One spouse was already married when entering into the second marriage
Uncontested vs. Contested Divorce in Kentucky
There are two primary types of divorce cases in Kentucky. There are uncontested divorces and contested divorces. When you file for an uncontested divorce, you and your spouse have come to a prior agreement about matters relating to asset division, child custody and visitation, and any child and spousal support payments. In a contested divorce, you don’t have agreements in place on these major issues.
Assuming you and your spouse can agree on a few things, but not quite everything, the court might accept the agreements that you have put together and then schedule hearings on the other matters. The important thing to note is that, when you and your spouse cannot reach an agreement on these important issues, the court will step in and do this for you.
There are benefits to an uncontested divorce, but these are still not do-it-yourself matters. Attempting to file for divorce without the benefit of legal counsel or using a cheap service can jeopardize your rights. Just one mistake in the paperwork can result in a final ruling by the judge that is not in your best interests.
An uncontested divorce will generally be resolved quicker and at less expense than the alternative. However, your divorce attorney can speak to you about the best way to protect the interests of you and your children.
How to File for Divorce in Kentucky
The person who files for divorce in Kentucky is known as the “petitioner,” and the other spouse is the “respondent.” The petitioner is required to file several forms to begin the divorce process, including the summons and petition for divorce.
Once your attorney files these forms with the courts, the next step is to serve that paperwork on your spouse. Both parties are required to submit financial disclosures and other supplemental documents.
Contact Us to Discuss Your Kentucky Divorce Case
You and your loved ones deserve a competent legal representative who is committed to working with you to settle your family law issues. As your attorney, Ron Aslam will help you resolve your divorce as smoothly as possible, preferably without litigation.
Our aim is to settle divorce matters in a way that is both cost-effective and less damaging for any children involved. That being said, your rights and financial future are our foremost concern, and we will never hesitate to take a case to trial when it is warranted.
The Law Office of Ron Aslam can help you address issues related to divorce, property division, child custody and visitation, child support, spousal support, and modifications.
We understand that every case is unique and promise to provide you with the personalized representation you need and deserve during this difficult time. Contact our Louisville office now at 502-581-1676 to schedule a no obligation consultation to discuss your family law concerns.