To be granted a divorce or a ruling of "dissolution of marriage" in the state of Kentucky, no assignment of blame or proof of wrongdoing is necessary. The court need only be convinced that the marriage is broken beyond repair.
One of the parties in the case must have resided in Kentucky and maintained a residence there, or been stationed there as a member of the armed services and been present in the state for 180 days before filing the petition.
The parties must have lived apart for 60 days. Living apart may include residing under the same roof without having had sexual relations.
Both of the parties involved in the action must state under oath or affirmation that the marriage is irretrievably broken. Alternately, one party must state this to be a fact, and the other party must fail to deny it.
If one party objects to the divorce, the court will grant a decree of legal separation for one year, after which, on the request of either party, the decree will become a decree of dissolution of marriage.
The court may order a conciliation conference. In cases of domestic abuse, the conference must be requested by the victim, given without coercion and as an alternative or adjunct to the divorce decree sought by the victim.
Marital property shall be divided equally taking into account the contributions of each spouse to the marital property, including contributions of the spouse as homemaker, the value of property belonging to each, the length of the marriage, and the future economic status which might be expected for each one. The right to live in the family home may be awarded to the spouse having custody of the children.
Marital property includes all property acquired by either spouse after marriage, but before a decree of legal separation has been granted. There are several exceptions:
(a) property gained by gift, bequest, devise or descent to either one exclusively, provided that the other did not contribute to its acquisition,
(b) property owned before marriage, or gained by trading property acquired before marriage,
(c) property excluded by valid agreement between the parties
(d) the increase in value of property gained before marriage, provided that the increase did not occur from the efforts of couple during marriage.
The court may grant maintenance payments to a spouse who will not be able to afford to provide for his/her reasonable needs, who is unable to find appropriate employment, or who must stay home to care for a dependent or special needs child.
The order for maintenance will take into account the following factors:
(i) the financial circumstances of the spouse requesting maintenance, the needs of the children, including a fair sum to be paid for providing custodial care,
(ii) the plausibility, time and cost of retraining so that appropriate employment for the spouse receiving maintenance may be found,
(iii) the standard of living established during the marriage,
(iv) the age, physical and mental health of the spouse requesting maintenance
(v) the ability of the spouse who will be paying, to meet his or her own needs after making the requested payments.
Divorce is usually a difficult and emotionally traumatic exercise for the individuals involved and their children. The state of Kentucky has established laws and guidelines which will resolve an unhappy situation as quickly, as equitably and with as little confusion and stress and as possible.
Eliminating the necessity to prove wrongdoing or to establish blame makes the entire procedure less stressful. It enables both parties to put the past behind them with less bitterness, and to direct their energies into getting on with their lives.
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