Kentucky Family Law FAQ

At least one spouse must have lived in Kentucky, or been stationed here with the military, for 180 days before the petition is filed.

The court cannot enter a final decree until the spouses have lived apart for at least 60 days, and living apart can include living under the same roof without sexual relations. An uncontested divorce can often be finished soon after that. A contested divorce takes longer, depending on the issues and the court's schedule.

No. Kentucky is a no-fault state. The court only has to find that the marriage is irretrievably broken, meaning there is no reasonable prospect of reconciliation.

Each spouse keeps their non-marital property, such as property owned before the marriage or received as a gift or inheritance. The court divides marital property in just proportions, considering factors such as each spouse's contribution, the length of the marriage, and each spouse's economic circumstances. Just proportions does not always mean 50/50.

Neither. The court gives equal consideration to each parent and starts from a presumption that joint custody and equally shared parenting time are in the child's best interests. A parent can overcome that presumption with evidence.

Custody is about who makes major decisions for the child, such as schooling and medical care. Timesharing, also called parenting time or visitation, is the schedule for when the child is with each parent.

Yes, but generally not within two years of the order unless sworn affidavits show the child's present environment may seriously endanger the child. After that, the court can modify custody if circumstances have changed and the change is in the child's best interests.

A grandparent who has been a child's primary caregiver and financial supporter for the required period may be found to be a de facto custodian, which gives them the same standing as a parent in a custody case. The court must find this by clear and convincing evidence.

Kentucky uses guidelines based on both parents' combined monthly income and the number of children. The total from the guidelines table is divided between the parents in proportion to their incomes. Health insurance and work-related child care costs are divided the same way, on top of the guideline amount.

When there has been a material change in circumstances that is substantial and continuing. If the guidelines applied to current circumstances would change the monthly amount by 15% or more, a material change is presumed. A change usually applies only from the date the motion is filed.

An EPO is an emergency order a judge can issue right away, before the other side is heard. A DVO is entered after a full hearing and can last up to three years. EPOs and DVOs cover family members and members of an unmarried couple. An IPO covers dating violence, stalking, and sexual assault, including between people who are not family or an unmarried couple.

If the petition shows domestic violence and abuse, the court sets a hearing no more than 14 days after the petition is filed. The same 14-day limit applies to IPO petitions.

Follow the temporary order exactly, even if you believe it is unfair, and talk to an attorney before the hearing. A DVO can affect where you live, custody of your children, and your right to possess firearms.

Parents can sign a voluntary acknowledgment of paternity, which creates a presumption of paternity, or a court can decide paternity. In a court case, the court must order genetic testing if a party asks for it.

Only if the court finds one of the grounds set by statute, such as abandonment for at least 90 days or a continuing failure to provide essential care for the child. Otherwise, each living legal parent must consent.

Yes. A person over 18 can be adopted with the same legal effect as a child adoption, and only the adult's own consent is required.