Is Kentucky a no-fault state when it comes to divorce?
Asked by: Mrs. Keely Langworth | Last update: February 21, 2025Score: 4.7/5 (57 votes)
What is the wife entitled to in a divorce in Kentucky?
Kentucky is a common law state, meaning marital property isn't automatically owned by both spouses or divided equally during a divorce. If spouses cannot agree on property division, the court will make the determination.
Is everything split 50/50 in a divorce in Kentucky?
This doesn't necessarily mean that assets are divided into an equal 50-50 split, rather it means that courts seek to ensure that assets are divided in a manner that takes into account a range of factors, such as the financial status, needs, and overall contributions of each spouse.
How does adultery affect divorce in Kentucky?
Kentucky is a No-Fault Divorce State
As a no-fault divorce state, family court judges in Kentucky usually have no interest in hearing about a cheating spouse's misconduct. Meaning, infidelity alone is not enough to deny a spouse maintenance or alimony if he or she is otherwise entitled to it.
Do both parties have to agree to a divorce in Kentucky?
If your spouse does not agree with what you say in the papers you file, you can file a motion to have a series of court appearances with a judge. You only go before a judge if either you or your spouse files a motion. There are issues that have to be worked out before the divorce can be granted.
Obtaining a No-Fault Divorce in KY
Does Kentucky require separation before divorce?
If no agreement can be reached, the judge can make a decision on the issues. In Kentucky, the law also requires that a couple be legally separated for at least one year before a spouse asks for a formal divorce. More importantly, both spouses must agree to the process to obtain a legal separation.
What happens if one party wants divorce and other doesn t?
Oftentimes the court will grant permission to publish a summons, asking your spouse to come forward and respond. The summons must run for 28 days, and your spouse has 30 days from the final publication date to respond. If they do not, you can request a divorce by default.
Can I sue my husband for cheating in Kentucky?
Kentucky is a No-Fault Divorce State
Therefore in a no-fault state such as Kentucky the family court judges are not interested in hearing about a cheating spouse's misconduct.
Do judges care about adultery in divorce?
Unfortunately, these days, Judges are often somewhat indifferent toward adultery if it doesn't negatively affect the children involved. A Judge would be concerned if this person is dangerous, such as engaging in the use of drugs or abusing the children.
What determines alimony in Kentucky?
the requesting spouse's age, physical condition, and emotional condition. the requesting spouse's ability to meet their needs independently and financial resources (including child support the spouse will receive) the other spouse's ability to meet their own needs while paying alimony.
Who gets the house in a divorce in KY?
Kentucky is in the majority as an equitable distribution or common law state. This means marital property isn't automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. The court can also divide the property if the spouses can't agree on a property division.
Can you refuse a divorce in KY?
Since Kentucky is a no-fault state it does not matter if one spouse does not want the divorce. The court is required to enter a decree if only one spouse desires the divorce.
How long does a divorce take in Kentucky?
What is the waiting period for divorce in Kentucky? Kentucky imposes a minimum waiting period of 60 days before a divorce can be finalized.
Can my husband take my house in a divorce?
Because California is a community property state, if the couple bought the house while they were married, they both have an ownership stake in it, and neither can compel the other to leave.
Does your spouse have to be on the deed in Kentucky?
Kentucky recognizes the dower/curtesy interest of non-titled spouses, and therefore, a non-titled spouse must join in a deed or mortgage to convey his/her interest in the property.
What do divorce judges hate?
Always avoid interjecting irrelevant insults against your spouse during your testimony. This is distracting and often irritating to judges. Instead, let the evidence speak for itself while you give every appearance of calm and confidence in your case.
Do you need proof of cheating for divorce?
California is a no-fault divorce state, which means that neither party has to prove that the other is at fault for the marriage ending. This includes infidelity.
Can I sue my husband for cheating?
The current law means you cannot sue your spouse for having an affair or press criminal charges. However, there are exceptions if the situation is extreme or turns violent.
Can you sue a cheating spouse for emotional distress?
Intentional Infliction of Emotional Distress.
You would have to prove that by cheating, your spouse (1) acted intentionally or recklessly; (2) his or her conduct was extreme and outrageous; and (3) his or her conduct caused (4) severe emotional distress.
Does KY have alienation of affection law?
The legal harm that serves as a basis for these lawsuits is termed “alienation of affection.” In case you are wondering, you can't sue the person who stole your spouse from you in Kentucky. The Kentucky Supreme Court ruled in 1922 that nobody “owns” affection between married couples.
How to get a divorce from a cheating husband?
You must have evidence that your spouse cheated before the courts will grant the divorce based on adultery. This evidence must be solid and cannot be hearsay. Evidence often includes photos, recordings, bank and credit card statements, and witnesses.
Can I refuse to divorce my husband?
A spouse cannot stop a divorce through legal means. Only the petitioner can choose not to continue with the process.
Can I divorce my husband without him knowing?
The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings. In every state, one spouse is able to file for divorce without the other's involvement or approval. So, even if you can't find your spouse, you can still file for divorce.
Can a divorce be finalized without custody?
If each partner has already agreed on an acceptable child custody arrangement, then the judge may allow the divorce to be completed before the child custody has been legally filed.