Frequently Asked Questions: Divorce

Contemplating divorce? Here's some general information on what you need to know.

What are the different types of divorce?

• Uncontested Divorce: Both spouses agree on all terms.

• Contested Divorce: Spouses disagree on one or more issues, requiring mediation or court intervention.

• All divorces in KY are No-Fault: Neither party is blamed; grounds  are simply "irreconcilable differences."

  
  

How long does a divorce take?

The timeline varies depending on factors like whether the divorce is contested, the court’s availability, and the parties’ and attorneys’ responsiveness. It can take a few months to several years.

Do both spouses have to agree to get a divorce?

No. One spouse can file for divorce even if the other does not agree.

Legal and Financial Aspects

What is the difference between legal separation and divorce?

Legal separation allows spouses to live apart while remaining legally married. Divorce permanently ends the marriage.

How is property divided in a divorce?

Kentucky is an Equitable Distribution state, meaning assets are divided fairly, but not necessarily equally.

Who is responsible for debts after divorce?

Depends. It is important to consult with an attorney regarding your liability for debts incurred during a divorce.

Will I have to pay spousal support (alimony)?It depends on factors such as income disparity, length of marriage, and each spouse’s ability to be self-supporting.

How does divorce affect taxes?

• Filing status changes (single, head of household).

• Child-related tax benefits may shift.

  
  

Children and Custody

How is child custody determined?

Kentucky presumes joint custody, or that both parents need to make decisions regarding the well-being of their children together. That presumption can be rebutted by factors, considering the children’s best interests, so it is important to consult with an attorney regarding your specific situation.

Can a custody agreement be changed later?

Yes, custody orders can be modified if circumstances change, such as relocation or a parent's inability to care for the child.

How is child support calculated?

It is typically based on state guidelines, factoring in each parent's income, parenting time arrangement, and can include the child's needs.

Process and Costs

Do I need a lawyer to get a divorce?

While not required, having legal representation is advisable, given the complexities of the requirements for the Court to grant a divorce.

How much does a divorce cost?

Costs vary widely and are directly related to the amount of work involved. Uncontested divorces require less work and are less expensive, whereas highly contested divorces require a lot of work, making them much more expensive.

What should I do before filing for divorce?

·       Gather financial records.

·       Understand your legal rights.

·       Consider mediation or counseling.

·       Consult a divorce attorney, right here here at Sexton Law.