About Divorce & Separation Law in Frankford, United States
In Frankfort, Kentucky, part of the United States, divorces and separations fall under family law and can be a complex and multifaceted process. In Kentucky, couples can file for either a no-fault or fault divorce. A no-fault divorce is where neither party is held at blame for the marriage breakdown, while a fault divorce involves assigning blame for the dissolution of the marriage. The reasons for fault can range from infidelity to domestic violence, among others.
Why You May Need a Lawyer
Navigating the legal maze of divorce and separation can be emotionally challenging and confusing. A lawyer can provide valuable assistance in various scenarios such as property division, child custody and support, alimony, and financial settlements. In some cases, they can also help with mediation, manage paperwork, and ensure your rights are protected throughout the entire process.
Local Laws Overview
Kentucky legislation requires that at least one spouse must have been a Kentucky resident for at least 180 days before filing for divorce. Kentucky practices equitable distribution, meaning that all marital property, assets, and debt accrued during the marriage should be divided fairly but not necessarily equally. The court also considers factors such as each spouse's contribution to marital property, the length of the marriage, and the parties' economic circumstances when dividing property. Child custody and spousal support are determined based on the best interest of the child and necessity or ability to pay, respectively.
Frequently Asked Questions
Do I need a lawyer to file for a divorce?
While it isn't required to have a lawyer to file for a divorce, it is often beneficial. The legal procedures involved are complex and can be overwhelming. Lawyers can provide guidance and ensure that you're making informed decisions.
How long does a divorce take?
Divorce proceedings can vary but, at a minimum, you can expect a 60-day waiting period from the time of filing if there are no children involved, and a divorce can usually be granted within 75 days. If issues are contested, the process can take significantly longer.
How is child custody determined?
The court determines child custody in Kentucky based on what is in the best interest of the child, considering factors such as the wishes of the parents and the child, the child's relationship with each parent and other members of the household, the mental and physical health of all individuals involved, and the child's adjustment to home, school, and community.
Can I get alimony?
Alimony, also known as spousal support, depends on several factors such as the financial condition of each party, the duration of the marriage, the age, and the physical and emotional state of the party seeking support.
What is equitable distribution?
Equitable distribution is a method used to divide marital property between spouses. Unlike equal distribution, this policy does not necessarily split marital property 50/50 but rather takes into account other factors such as each spouse's contribution to the marital property, the length of the marriage, and the parties' economic circumstances to ensure a fair distribution.
Additional Resources
Several resources can provide further assistance, such as the Kentucky Court of Justice, which offers forms for divorce proceedings, resources for finding a local attorney, and guidance about court procedures. Your local bar association may also provide attorney referrals and provide further information on family law. Support groups, counselor services, and legal aid services can offer assistance as well.
Next Steps
If you need legal assistance with your divorce or separation, consider reaching out to a family law attorney who can guide you through the process. Many offer free initial consultations where you can discuss your situation and understand what the process may involve. Make sure to prepare all the necessary documents, including those related to marital property and finances, to help facilitate your discussions with the attorney.
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