Filing Divorce
A Kentucky divorce is granted based on "irretrievable breakdown of the marriage" of which there is no reasonable prospect of reconciliation.  Kentucky does not require fault to file for divorce, marriage breakdown is the only legal grounds necessary in a no fault state such as Kentucky.  De Renzo Durrett understands the pain of divorce and has successfully 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

Marital property is divided equitably meaning "fairly", not necessarily equally.  While spouses may keep the property they had before the marriage or receive as a gift or inheritance solely to them, all other property is marital and will be 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 of children.  Custody is determined by the child’s best interest and factors may 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

Custody in this context means the ability to make decisions for and related to the children, not necessarily who the children reside with. 

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.

Contact a family law attorney you can trust
Call De Renzo Durrett at 502.420.2862 to schedule your free 30-minute initial consultation appointment, or contact us online.

De Renzo Durrett, PLLC
Attorneys at Law
1300 Clear Springs Trace
Suite 4
Louisville, Kentucky 40223
P: 502.420.2862
F: 888.400.6919