Thinking of divorcing? Here's what you can expect

After more than 10 years of marriage, you and your husband have decided to divorce. Ending a marriage is never easy, especially when children are involved. You have to deal with deciding who gets custody, how the two of you will divide marital assets, and possibly even filing for alimony. The process can be extremely stressful and emotional for you and your children.

Regardless of whether your divorce is complex or simple, it is important to start with the basics. A local Kentucky attorney can help you with the divorce process and advise you on how best to proceed. However, knowing what to expect will help to relieve the stress of starting over. Read below to learn about the basics of Kentucky divorce laws.

Requirements of Kentucky divorce

To divorce in Kentucky, there are certain requirements that you must meet. First, at least one of you must have been a resident of the state for at least 180 days before filing for divorce. Second, the court requires that you and your future ex-husband live apart for 60 days prior to finalizing the divorce.

"No fault" state

Kentucky follows a "no fault" system of divorce. This means that the court will grant your divorce if even one of you thinks the marriage is "irretrievably broken." In other words, either you or your husband thinks that there is no possibility of reconciliation.

Child custody

The court will decide custody based on the best interests of your children. The court may consider the wishes of your children to determine the best custody situation. Joint custody may be an option unless there is a reason why sole custody is better for your kids. The state also makes allowance for the rights of the grandparents. Your husband's parents will be granted reasonable visitation rights, unless it is not in the best interests of your children.

Dividing marital property

Kentucky adheres to the equitable distribution principle when dividing marital property. In general, the court will divide the property you and your husband acquired during the marriage based on a number of factors. The court will consider the length of the marriage, the earning capacity of each of you, and which of you has custody of the children, among other things.

You and your husband can reach a settlement for the division of property outside of the court. However, a judge will still have to review and approve the settlement to ensure that it is not unconscionable. In general, any property that you acquired before your marriage will revert back to you as the sole owner.

If you are considering divorce, it is important to understand the process and your rights in Kentucky.

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