Legal separation is tough, emotionally draining decision. Following the process, the marriage is ended through the official court action. Few obligations come to an end after separation while others are created. Kentucky is a ‘no-fault’ state. It means no one is determined for the breakdown of the marriage. In the state at-least, one party should believe that there is permanent damage to the marriage, and there is no hope for reconciliation. KRS 403.025 and related statues give more information about it.
Kentucky Marital Separation Agreement
Following statutory conditions have to be met to file for legal separation here:
- One of the spouses must be a resident of Kentucky for at-least 180 days or six months before making the petition.
- Wife can’t be pregnant. If she is, the petition can be filed only after the child is born or at the end of pregnancy.
These requirements can be circumvented by using affidavits.
Once you have made an application for marital separation agreement in Kentucky, the court will decide the debts between the parties. If the couple has a child, there must also be an arrangement for custody, parenting of kid, visitation and child support.
If the sparring is not able to fill details online form for legal separation in Kentucky at Forms. Legal the court will decide at the time of trial.
Any real estate property, land and buildings, personal property like cash and bank accounts, financial instruments, stocks, and anything in which you have vested interest in, will be subjected to division.
Dividing Marital Property
Marital property is acquired during or after marriage. It may be given to both parties as a gift or inherited by both parties together. The court will divide the value of the marital property between the properties in an equitable manner.
The court may give one spouse a disproportionate share of the marital property after considering the facts of a specific case. Factors like the income of each spouse, contribution to the marital property, child support etc. are considered to make the decision
Dividing Non-Marital Property
Any property which was acquired before marriage or which can’t be regarded as marital is called as ‘non-marital’ property. Such property belongs to the original legal owner but must be traced back to marriage.
Many believe that if a debt is not in their name, it is not theirs and can’t come to haunt them. Even if a debt is only in the name of one party, it can be marital debt for which both parties are responsible for paying. If the debt is in the name of both the parties, it is a responsibility of both the spouses. While dividing the court will first see whether the debt started during the marriage. Was it incurred for marital purpose? Is it going to benefit both the parties in the same way? In the absence of proper advice, the court may order one of the spouses to pay the debt.
Child Custody and Support
As with property and debts, the separation agreement must address the custody for any minor children. If the couple doesn’t agree on custody or parenting time, the court will make those decisions at the time of trial. The court decides on the custody, parenting time keeping in mind the best interest of the kid. Child support is a responsibility of both the parents and the court may decide the contribution of each parent considering various factors.
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