FAQ Family Law

Kentucky is a no-fault divorce state. This means you don’t need to prove that your spouse did anything wrong to end the marriage. The only ground for divorce in Kentucky is irretrievable breakdown of the marriage. This essentially means that the marriage is over and there’s no possibility of reconciliation. Important points to remember:

• Separation period: While you can file for divorce at any time, you and your spouse must be separated for at least 60 days before a final divorce decree can be granted.
• Living apart: You don’t necessarily have to live in separate residences. If you’re living under the same roof but not having sexual relations, it can still be considered living apart.

Child custody is determined based on the best interests of the child.

This means that the court will consider a variety of factors, such as: the child’s age, maturity, and needs; the parents’ ability to care for the child; the child’s relationship with each parent; and any other relevant factors.

The amount of child support is typically calculated based on a variety of factors, such as the parents’ incomes, the child’s needs, and the number of children in the household.

Adoption is the legal process of taking another person’s child into your own family and raising them as your own.

There are several different types of adoption, including private adoption, agency adoption, and stepparent adoption.

Guardianship is a legal arrangement in which a person is appointed to care for a child who is unable to care for themselves. This could be due to the child’s age, disability, or other circumstances.

Paternity is the legal determination of who the father of a child is. Paternity can be established through a variety of methods, including voluntary acknowledgment, genetic testing, and court proceedings.

Prenuptial agreements are contracts that are entered into by couples before they get married. They can be used to address a variety of issues, such as property division, spousal support, and premarital debts.

Domestic violence is any form of violence or abuse that occurs within a family or household. It can include physical violence, sexual assault, emotional abuse, and psychological abuse.

It is always advisable to consult with a lawyer if you are involved in a family law matter. An experienced family law attorney can help you understand your rights and options, protect your interests, and navigate the legal process.