Filing Divorce
A divorce is granted based on irretrievable breakdown of the marriage of which there is no reasonable prospect of reconciliation. Filing divorce in Kentucky does not require factors of fault, and marriage breakdown is the only legal grounds. De Renzo Durrett understands the pain of marriage breakdown and has helped clients in Louisville and surrounding areas through the process with success.
Divorce process in Kentucky
Before you can begin the divorce process, if there are children born of the marriage, a 60-day separation must precede your filing. Under Kentucky law, you may reside under the same roof during a separation, providing there is no intimate cohabitation. After meeting the separation requirement you can file for divorce.
After your divorce complaint is filed, you may request temporary orders from the court including:
- Temporary custody
- Temporary child support orders
- Temporary orders to determine who pays community debts
Spouses also have the option of entering into a written agreement on issues including:
- Property and debt division
- Child custody, support, and visitation
- Dividing the property
Marital property is divided equitably meaning fairly, not equally. However, spouses may keep their separate property including:
- Pre-marital property
- Gifts
- Inheritances
- Any other property is marital property and divided based on:
- Contribution of each spouse, including contribution as a homemaker
- Value of separate property
- Duration of marriage
- Economic circumstances of each spouse
- Desirability of awarding the family home to the custodial parent
Spousal support
A judge may order maintenance, or spousal support, to either spouse, but only if deemed necessary. The judge may also order temporary maintenance while the divorce is pending if needed.
Child custody and visitation
The judge may award sole or joint custody to either parent. Custody is determined by the child’s best interest and factors include:
- Child's preference
- Wishes of parents
- Child's adjustment to home, school and community
- Mental/physical health of parents
- Child’s relationship with parents, siblings and others
- Domestic abuse issues
- Child support
If a child support agreement exists between spouses, the court may base support on the agreement, if fair. However, if no agreement exists, the court uses Kentucky Guidelines and relevant factors to determine support.
Legal help for filing divorce in Louisville and throughout Kentucky
Filing for divorce in Kentucky requires an experienced divorce lawyer who can guide you through the process. De Renzo Durrett can provide needed legal advice. Contact our attorneys located in Louisville, KY today to discuss your divorce needs.