Lexington Divorce Lawyer
Personalized Representation for Divorce & Family Law Matters
Divorce is a difficult topic, even if both spouses agree to the terms. Divorce is often complicated and emotionally charged. Both parties may have competing interests and disagree about what they think is a fair outcome for the proceedings. While many divorces start out amicable, they can become contentious quickly. It is always recommended that both parties be represented by legal counsel for family law matters.
At Fowler Bell PLLC, our dedicated legal team offers personalized representation for divorce cases in Lexington, Kentucky. With decades of collective experience, our lawyers understand the high stakes of family law matters and will work relentlessly to protect your rights and interests.
If you are considering filing for divorce in Lexington, contact our family law attorneys at (859) 252-6700 to schedule a consultation.
Divorce Laws in Kentucky
Divorce is a legal term for when two parties end their marriage. In Kentucky, divorce is sometimes referred to as a dissolution or dissolution of marriage. It is important to note that the divorce process can be complex and is best handled by a Lexington divorce lawyer.
A divorce attorney can help you understand and protect your rights. They can fight to ensure that your interests are always represented. Without legal representation, you may not end up getting the best possible outcome in your case. Additionally, it could cost you valuable time and money if you do not properly file the paperwork or cannot come to a resolution with your spouse.
Residency Requirements for a Lexington Divorce
According to Section 403.140 of the Kentucky Revised Statutes, a court may only enter a judgment for a dissolution of marriage if at least one of the spouses resides in the state and has been a resident of the state for the preceding 180 days (6 months).
If you do not meet the 180-day residency requirements of the state, a court will not entertain your petition to end your marriage. The residency requirements can be met by one or both spouses. Being stationed in Kentucky as a member of the armed services for the preceding six months also satisfies the residency requirements for divorce.
Contact our Lexington divorce lawyers at (859) 252-6700 to discuss your legal options.
Grounds for Divorce
In addition to meeting residency requirements, the court must find that the marriage is “irretrievably broken.” Kentucky is a no-fault divorce state, meaning that neither party must have legal grounds for the divorce outside of an irretrievable breakdown. However, a court will not issue a decree that the marriage is irretrievably broken unless the parties have been separated for at least 60 days.
Furthermore, if one party denies that the marriage suffered an irretrievable breakdown, the court will consider all relevant factors and make a finding regarding the petition. The court also has the option to continue the matter for at least 30 but not more than 60 days. During that time, the court may ask the couple to attend counseling, or it may order a conciliation conference.
If the court makes a finding that the marriage is irretrievably broken, it means that “there is no reasonable prospect of reconciliation” between the spouses.
Divorce and Equitable Distribution
Kentucky is what is known as an equitable distribution state. This means that a court will try to divide marital property fairly or what they deem equitable. However, this does not mean that assets and debts will be divided equally.
The court will consider several factors when determining what would be an equitable distribution of the assets, but without a Lexington family law attorney, your interests may not be adequately represented. Outside custody and support issues, property and debt division are the most disputed matters in most divorces. Having an attorney by your side can help ensure you receive a fair outcome once the dissolution is finalized.
Matters Settled During a Lexington Divorce
Several matters are settled during divorce proceedings. If your divorce is uncontested, meaning you and your spouse agree to the terms of the dissolution, you can file a separation agreement that details. Even if both parties agree to all of the terms, it is still strongly recommended that you retain a Lexington divorce lawyer to represent you.
Matters settled during a divorce:
- Property and debt division
- Spousal maintenance or support (alimony)
- Parenting time
- Child custody
- Child support
- Health and insurance coverage/expenses
An uncontested divorce can be finalized within a few months, while a contested divorce may take longer. To resolve your case as quickly as possible, you need to consult with a Lexington divorce lawyer.
Contact Our Lexington Divorce Attorneys to Discuss Your Case
If you are thinking about filing for divorce or dissolution in Lexington, contact our office at (859) 252-6700 for a free, no-obligation consultation. Let us help you make the right decision for you and your family.