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Dissolving a marriage is almost always complicated—both emotionally and legally. If you’ve never endured the process, you may be confused as to where you should begin, or misled by outdated information from friends and family members. To help clarify matters, the divorce lawyers at Hensley Law Office of Flatwoods are here to explain some of the more important features of Kentucky's legal system.

5 Things You Should Know About Divorce Laws

1. The Residency Requirement

Before granting a dissolution of marriage, the court must establish jurisdiction over the case. Kentucky law requires at least one party in the marriage to reside in the state for 180 days before initial divorce action is taken. If that condition has not been satisfied, petitioners can either wait or file in the state where they previously lived.

2. Grounds for Divorce

Kentucky is considered a “no fault” state, meaning the court does not consider the reasons behind the dissolution when making a determination. To approve the divorce, the judge must only decide the marriage is irretrievably broken.

3. The Waiting Period

divorce lawyerNo divorce decree will be granted until the parties have lived apart for at least 60 days. Residing under the same roof can satisfy this criteria if there is no sexual contact between the parties.

4. Property Distribution

Like many other states, Kentucky abides by the principle of “equitable distribution,” which requires marital assets to be distributed as fairly as possible. To determine what is fair, the courts will consider an array of factors, including each individual's contributions and the duration of the marriage.

5. Legal Representation

While everyone has the right to represent themselves in Kentucky courts, the best possible outcome requires the expertise of a skilled divorce lawyer who will stand up for your rights. A reputable family law attorney will ensure you get what you deserve and are treated justly throughout the process.

The skilled attorneys at Hensley Law Office have represented divorcing couples throughout the area for years. Visit their website now to learn more about their reputation for individualized service and effective representation, or call (606) 836-3117 to schedule a consultation today.

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