Emotions tend to run high when talking about issues such as where the children will live, who owns the house and whether one party should pay the other party alimony or child support. Feelings can quickly get hurt and discussions can break down. There are also certain laws that must be followed in order to ensure that a divorce is legal. Those considering a divorce often do not know their legal rights and obligations, which makes consulting a Lexington divorce lawyer an absolute necessity. At the family and immigration law firm of CF Abogados, we understand that this is a challenging time in your life, and we have the experience to guide you through the divorce process while ensuring that your rights are protected. Contact us by using our online contact form or call us at 859-838-1413 (Hablamos Español).
Ending a marriage is not an easy decision. Whether you are the spouse filing for divorce or the spouse responding to a divorce action, the divorce attorneys at CF Abogados will work closely with you and help you make the best decisions possible. We handle all divorce-related issues, including:
- Child Custody & Visitation
- Child Support
- Property Distribution
If you are thinking about a divorce, but don’t feel completely sure, we can help you file for a legal separation instead. This can also be a good compromise if you don’t want a divorce but your spouse does, because it’s a sort of temporary end to the marriage. It allows time for couples who want to try to work out their problems. However, it does give the family court authority to issue certain orders such as those concerning property, debts and children.
In a petition for legal separation, you have to list the reasons why you think you and your spouse cannot currently live together. To be eligible to file, either you or your spouse has to have been a resident of Kentucky for six months before filing, and a resident of the county in which you file. A legal separation can last up to one year, at which time the law feels you should be ready to decide whether you want to pursue a divorce or reconcile. If, after one year, either party files for divorce, the decree of legal separation is converted into a divorce decree. If your relationship with your spouse is fairly good and you do not think you will need any orders, you do not have to file for a legal separation. You can simply move out and live apart.
You do not have to be legally separated to file for divorce in Kentucky, but you do have to be able to show that you have been living apart for at least 60 days. Under state law, living apart does not necessarily mean living in separate houses. For example, a couple living in the same residence but without a sexual relationship is considered living apart. Kentucky law requires that at least one spouse has been a state resident for a minimum of six months prior to filing for divorce. General ways to prove residency include being registered to vote, paying taxes, being stationed on a military base or having a Kentucky driver’s license.
Although you may have good reasons for wanting a divorce, such as adultery or abuse, the only ground for a divorce in Kentucky is “irretrievable breakdown.” That means one party must state that they believe that the marriage is broken beyond repair. Fault may be considered under certain circumstances in the award of alimony and determination of custody issues, but it is irrelevant as a reason for granting a divorce. Here in Kentucky, we have one extra little standard that must be met – the wife cannot be pregnant. If the wife is pregnant, the proceedings must wait until the child is born, even if the husband is not the child’s biological father. Of course, a pregnant woman can participate in a divorce action, but the court will not rule until the pregnancy ends, in order to determine child custody and child support.
Whether you have started the divorce process on your own and have run into trouble or you are ready and cannot communicate effectively with your spouse, CF Abogados can help you. We understand that this is a challenging time for you and we have the experience to guide your case through the proceeding. If you or someone you know needs legal assistance concerning a divorce, fill out our online contact form or call us at 859-838-1413 (Hablamos Español).