Many couples eventually conclude that remaining married is not their best choice. Divorces can be bitter battles, but they do not have to be. Spouses usually obtain more satisfactory results when they work together to reach agreements on property division, child custody, and spousal support.
An experienced family attorney can be an invaluable resource throughout the marriage dissolution process. If you are considering ending your union, or are already in the process, let a Fort Mitchell divorce lawyer explain your legal rights and responsibilities and work diligently to achieve your goals and protect your best interests.
Requirements to File for Divorce in Kentucky
The Commonwealth of Kentucky imposes specific requirements on people who wish to file for divorce here. Local courts will only consider a divorce petition if one of the spouses has been living in the state for at least 180 consecutive days prior to the filing.
Additionally, a couple must be separated for at least 60 days before they file for divorce. The couple need not get a legal separation but must live separately for the statutory period. However, the law does not require them to live in separate residences. They could continue living in the same home but may not have sexual relations.
Some couples settle all the issues between them with relative ease. If the spouses have written agreements about property division, child custody and visitation, alimony, and child support, they may file them with the divorce petition. A Fort Mitchell divorce attorney can help individuals ensure they meet the Commonwealth’s requirements and that the documents outlining their wishes are legally valid.
The Commonwealth Recognizes No-Fault Divorce
Kentucky Statute 403.170 provides the only legal grounds for divorce in the state—irretrievable breakdown of the marriage. One spouse must file for divorce, claiming they cannot continue to live together because their marriage is irretrievably broken. If the other spouse agrees or does not disagree with the filing individual’s characterization, a judge will schedule divorce proceedings.
Sometimes one spouse believes divorce is necessary, but the other wants to preserve the marriage. In that case, a judge will likely hold a reconciliation hearing to determine whether saving the union might be possible and will often order the couple to attend counseling for a more definitive opinion on reconciliation.
Even when both parties understand the marriage is broken, they often have difficulty agreeing on the issues necessary to divorce. In these circumstances, the months after filing for divorce are a time for them to negotiate and decide on these topics. A Fort Mitchell attorney can guide a spouse through the process, ensuring they understand their rights and maintain realistic expectations.
Mediation and Collaborative Divorce Are Often Effective
A bitter, angry divorce rarely serves a constructive purpose and could cause significant harm to children. Even if there is cause for hard feelings, everyone benefits if the adults can put their feelings aside to dissolve their marriage in a way that leaves both spouses prepared to move forward and be involved parents to their shared children.
Working with a mediator can help a couple find common ground and allows them more control over the outcome than if a judge makes the decisions for them due to an inability to agree. Mediators cannot offer legal advice, but a knowledgeable Fort Mitchell attorney can advise a spouse throughout the process.
Collaborative divorce is another option that works well for some couples. The spouses work with a team of professionals that might include child behaviorists, tax experts, business valuation professionals, and others, depending on the couple’s specific issues. The couple, their legal representation, and the professionals work together to resolve the outstanding problems and reach a settlement that supports each spouse and the children as they move on to life after marriage.
Depend on a Fort Mitchell Divorce Attorney for Wise Counsel
Divorcing is challenging, even when both parties agree on all the relevant issues. If there is resentment or a desire for vengeance, both spouses and children could suffer greatly.
In most cases, a smooth process with minimal rancor best serves everyone. A seasoned Fort Mitchell divorce lawyer can use their decades of experience to protect your rights while keeping your goals foremost in mind. Reach out to BFZ Law today to discuss your situation with our team.