What are some of the most Frequently Asked Questions or FAQs about divorce in Louisville? Dodd & Dodd Attorneys, PLLC has served Louisville and the surrounding communities and counties since 1869. We are one of the oldest law firms in the nation. What are your questions regarding a Louisville divorce?
How Long Will It Take to Get Divorced in Kentucky?
The parties must have been separated for 60 days before the divorce can be finalized. In an uncontested divorce, the process can often be completed in less than a week if the separation period has been met. If the divorcing couple have minor children, the divorce cannot be finalized until 60 days after it’s initial filing – even if all issues in the settlement agreement are agreed upon prior to filing for the divorce. Contested divorces can take up to a year or longer to resolve, but we work with our clients to finalize their divorces as quickly and efficiently as possible
What are the Requirements to be able to File for Divorce in Kentucky?
In order to file for a divorce in Kentucky, one of the parties must have lived in Kentucky for at least 180 days prior to filing the divorce petition. Divorce is usually filed in the County where you reside.
Do I Have to Respond if My Former Spouse Serves Me Divorce Papers?
Yes, you have 20 days to submit a response. If you fail to do so, the other party can request a judgment by default, and you will not have the ability to challenge any of the orders the Court issues in your case. It is in your legal and personal interests to file a response within 20 days.
What Happens if we Can’t Agree on Every Item in the Separation Agreement?
In order for a divorce to be completed in Kentucky, every item in the separation agreement including the distribution of assets and debts, issues associated with the children, maintenance and child support must be resolved. If the divorcing couple is unable to agree, there are several options to help them to reach agreement including negotiation and mediation. Also, divorcing couples may reach an agreement on some items and reserve others for the Court to decide. If all else fails, the Judge will ultimately decide these issues and create orders that will affect you for years to come.
Who Will Get Custody of the Children?
This is one of the most Frequently Asked Questions or FAQs about divorce in Louisville. Across Kentucky, and here in Louisville, the Courts believe it is in the best interests of the children to spend quality time with each parent as equally as possible. Therefore, child custody is usually divided as equally as possible between the parents unless other circumstances such as domestic violence, drug or alcohol abuse, physical abuse or criminal activity exist. The divorcing couple may agree upon a parenting plan that divides time with the children unevenly, but this must be reviewed and approved by the Court.
What Effect does Infidelity Have on Child Custody and Division of Assets?
None. Kentucky is a “no fault” divorce State. Basically, this means that if one party wants to get divorced they may do so, even if the other party disagrees. Infidelity usually has no impact on child custody or the division of assets and debts.
How is Maintenance or Spousal Support Decided?
Generally speaking, the award of maintenance is a complex legal issue. The Court will consider the length of the marriage, the economic resources of each former spouse, the health of the parties, the ability of each spouse to gain meaningful and reasonable employment and the lifestyle the parties enjoyed during the course of the marriage.
These are some of the most Frequently Asked Questions or FAQs about divorce in Louisville however, we’re sure you have a lot more of your own. Get answers to your questions as well as sound counsel and representation in your divorce. We invite you to review the strong recommendations of our clients and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment.