Covington Divorce Lawyers
Skilled Legal Counsel in Cincinnati, OH & Northern Kentucky
Divorce is one of the most emotionally and financially challenging experiences you can face. It marks the end of a significant chapter in life, often involving complex decisions about property, finances, and parenting.
According to a 2020 article in U.S. News and World Report, Kentucky is among the top five states with the highest divorce rate. The ten cities in Kentucky with the highest rate of divorce include: Lebanon, Hazard, Lawrenceburg, London, Middlesboro, Leitchfield, Bardstown, Somerset, Shively, and Paris.
At Adams Law, we understand that every divorce is intensely personal; we can provide compassionate, strategic legal guidance to clients from diverse backgrounds who are facing a range of issues. Our firm has a history spanning over 125 years of practice, delivering skilled representation in divorce and family law.
Discuss your case in a free initial consultation with a Covington divorce attorney at Adams Law. Call (859) 681-6877 or contact us online.
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Grounds for Divorce in Kentucky
In Kentucky, as in most states, one spouse files for divorce. In most states—including Kentucky—no “grounds” for the divorce are necessary, other than citing irreconcilable differences. Unless the ex-spouse has an objection, the divorce process can begin, preferably with our experienced attorneys involved.
In Kentucky, the only grounds for divorce is that the marriage is irretrievably broken. This means there is no reasonable scenario in which two spouses would reconcile.
Either or both spouses must state the marriage is irretrievably broken, or one spouse must state the marriage is irretrievably broken, and the other does not deny it. If one spouse denies the marriage is irretrievably broken, the judge will consider the chances of the couple reconciling, the circumstances under which the divorce petition was filed, and any other relevant factors. Based on his or her findings, the judge could continue the hearing for 30-60 days, requesting that you and your spouse seek counseling, then could reassess at the end of that time period.
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“Thank God for Stacy Grause who did an excellent job for me during my case. I felt that he held my hand and answered all my concerns along the way.”- Tucky
The Process of Filing for Divorce & How Our Covington Divorce Attorneys Can Help
Assuming you meet the residency requirements, one spouse will file a Petition for Dissolution of Marriage in the Circuit Court of the county where at least one spouse resides. If your divorce is uncontested, you will file the Petition with supporting documentation, including a Marital Settlement Agreement that outlines the division of assets and child custody agreement.
A court hearing will be held where the judge may or may not ask you a few questions, and then will enter a Decree of Dissolution of Marriage. Simple enough, unless your divorce is contested. If your divorce is contested, you and your spouse’s divorce attorneys will spend time negotiating such things as asset division, spousal support, child custody, and child support. If these issues simply cannot be negotiated, you may end up in court, where a judge will make those decisions for you.
The Difference Between a Contested Divorce & an Uncontested Divorce
In an uncontested divorce, both parties agree not only about the divorce itself but also about asset division, spousal support, child custody, and child support. If there is disagreement about one or more of those things, the divorce will be considered contested. In reality, many divorces begin as uncontested, only to evolve into a contested divorce or even a hotly contested divorce.
A contested divorce is frustrating at best, meaning you need someone on your side who can answer your questions, cares about your best interests, and has the experience to effectively back you up, in or out of court.
Dividing Assets in a Kentucky Divorce
The first step in dividing assets in a Kentucky divorce will be determining which assets are marital assets and non-marital assets. In general, the following assets are considered non-marital:
- Property you acquired prior to your marriage;
- Any property specifically excluded by a valid pre or post-nuptial agreement;
- Any property acquired in exchange for non-marital property;
- Property acquired through a gift or inheritance during the marriage;
- Any income from property acquired through a gift or inheritance acquired during the marriage;
- Property acquired by one spouse following a decree of legal separation, or
- Unless due to both spouse’s contributions, any increase in the value of property acquired prior to the marriage.
Non-marital property can quickly become marital property when co-mingled with marital property. As an example, if your uncle leaves you $50,000 prior to your marriage, then you put that money in a joint account with your spouse, you have effectively turned it into marital property. If you were left a beach house and used marital funds to renovate the house, then at least a portion of that house will be marital property. As you can imagine, it can sometimes be difficult to separate marital and non-marital assets.
If you and your spouse are unable to agree on the division of marital assets, the judge, without regard to marital misconduct, will consider the following:
- How long the marriage lasted;
- The contributions of each spouse to the acquisition of the marital property (including homemaker contributions);
- The value of non-marital property for each spouse;
- The specific economic circumstances of each spouse, including whether the spouse with primary custody of the children should be awarded the family home.
Since Kentucky is an equitable distribution state rather than a community property state, the asset division only has to be fair rather than split 50/50. Often, asset division is a contentious area of divorce, like child custody, requiring the services of experienced attorneys.
