Many couples in Kentucky or any part of the world are in a marriage where they realize they can not live together anymore and should part ways. To that end, getting divorced is not only an option – it might be mentally draining and expensive. Many couples feel trapped in a stressful marriage, but neither is ready for divorce; therefore, they start to search for other options like a legal separation to get themselves out of the stress.
Suppose you are in Kentucky and want to free yourself from a stressful environment but can not afford divorce due to personal and financial circumstances. In that case, you can choose Legal Separation in Kentucky.
Maybe you and your partner are looking for some “cool off” or want to give each other space to analyze the situation better.
For many couples, it serves as an ignition to provide them with a clear picture of their marriage; either they realize they can not live without each other anymore, or divorce is the only option left.
Either way, handling a legal separation process in Kentucky is advisable to be carried out with the help of an experienced and professional uncontested divorce attorney in Kentucky.
At my law firm, I handle uncontested divorce cases myself in Indiana and Kentucky. I have also helped couples with child custody, spousal support, temporary maintenance payments, marital property division, visitation rights, and more.
Contact my law firm for a free consultation, or fill out an online form on our website to book an appointment.
Go through this article further to know more about legal separation in Kentucky: what it is, how it differs from divorce, and why you should prefer legal separation over divorce. So, let’s get down to it!
Legal Separation in Kentucky: What is it?
Kentucky state laws do not limit the residents with divorce as the only option when it comes to ending a marriage. Kentucky’s legal separation process necessitates at least one spouse to file in the local court.
You should demonstrate that you have been a resident of Kentucky for the past 180 days before filing for legal separation in Kentucky and that both partners have been living separately for more than 60 days.
Apart from that, you have to explain to the court the reasons and grounds for separations and why you two are no longer willing to stay together. Kentucky is a no-fault divorce state: you should only prove that your relationship with your spouse is irretrievably broken and all the efforts for the reconciliation are failed.
The court requires 60 days to review your petition and accept or deny it. Meanwhile, you and your spouse can negotiate on other terms like child support, child custody, property division, spousal support, etc.
If partners are willing to settle the issue, they can present a written agreement to the court, or the judge will resolve these issues among them if they cannot settle the issue before signing a separation agreement.
In Kentucky, the minimum period required for the legal separation is 1-year after that, either spouse can ask the court to convert it into divorce; in other states, you can ask the court for the conversion soon after it grants legal separation.
Keep in mind: Court will only grant a legal separation if both spouses agree; if any of them is willing to get a divorce, the court will not proceed with the legal process related to separation.
Legal Separation vs. Divorce
According to family law, a legal separation is a court order highlighting a married couple’s responsibilities, duties, and rights by the time they are living separately.
Though such situations happen less than divorce, legal separation is a good option for partners willing to iron out their financial and personal matters and child custody before filing for divorce.
Scroll down to learn about some similarities and differences between divorce and legal separation:
Similarities
- Child visitation, child support, and child custody issues are managed in the same way.
- As far as the marital property division is concerned, it is determined by the couple’s situation and how property relates to the question.
- You can still get a temporary maintenance payment.
Differences
- Legal separation means you are legally married, not divorced.
- It allows the couple to keep the health care facilities and other beneficial aspects the same, while they can not keep them when divorced.
- You can not remarry if you are on legal separation; that means your marital status remains “married.” However, if you get a divorce decree, you can remarry.
- In the event of legal separation, spouses are equally responsible for the debts; if divorced, however, the debts are divided equally among both of them.
- Legal separation grants rights to the partners to share property rights if one passes suddenly. On the contrary, in the case of divorce, there is no preservation of rights.
- While separated, you are still a spouse, and in case of any problematic situation, you are still kin and can make decisions for your spouse. While if you are divorced, however, you can no longer decide for your former spouse.
- Lastly, the decision of legal separation can be restored if the couple decides to live together again; however, a divorce decree is irreversible. You can remarry, though.
Why Prefer Legal Separation Over Divorce?
Sometimes, legal separation makes more sense than opting for divorce immediately. If partners think of reconciliation, they can consider filing for legal separation. This option allows them to live separately and gives them time to think about the situation from different angles and perspectives. Temporary separation has shown more noticeable and beneficial impacts than divorce.
Another benefit of a petition is you can think and prepare for filing for divorce in a relatively calmer and peaceful environment; you might be mentally disturbed in either way, though. However, while legally married, spouses can iron out other aspects like child support, child custody, etc.
Legal separation sometimes creates a way for reconciliation, and partners decide to live together and sometimes end up in divorce. Either way, separation allows spouses to breathe fresh air and retain their spousal benefits unless they file for the divorce process.
How to Legally Separate from Partner in Kentucky?
In Kentucky, a couple must file a petition for legal separation in court. The petition should include the ground and reasons why they have not agreed anymore to live together.
In addition, at least one of the spouses has been living in Kentucky for half a year and must be a permanent resident in Kentucky. A spouse can also request child support, child custody, and alimony in legal separation.
Moreover, couples can also get protective or restraining orders during the legal separation in Kentucky process, if necessary. Once the 12 months of legal separation are over, the couple has to decide whether they want to restart their lives as husband and wife or head toward divorce.
How to File for Legal Separation in Kentucky?
In other states, applying and granting a petition is a cakewalk. Both partners agree on separation, sign a separation agreement, and are allowed to go their separate ways. Legal separation in Kentucky is a different process, though.
Legal separation in Kentucky requires a couple to visit the court, submit specific requirements, and go through certain norms and rules before any action is successfully implemented.
In the beginning, both partners must be in agreement. Things can get complicated if one spouse wants a legal separation and the other does not. In the same way, if one spouse asks for separation while the other wants a divorce, the court grants a divorce if they find nothing left in their marital relationship.
However, spouses must live apart for more than 60 days before filing a petition for legal separation in Kentucky. Living in the same house with different bedrooms is also acceptable as long as there are no sexual relations. You can apply online or visit the county courthouse. A county clerk can help you to complete all the required documents.
After that, fill out the forms and submit them to the court. You must pay the petition filing fee and accompany another person to serve a petition copy to your partner and court summons. The summons will highlight how your partner should respond.
Finally, sign a separation agreement on other terms and conditions during the period. Submit your agreement to the county court. File a court motion to get approval of the agreement from the court judge.
Legal Separation in Kentucky Grounds
Generally, the grounds required by the court to accept the request for legal separation are similar to divorce. Common and basic grounds for legal separation in Kentucky are:
- Abandonment
- Incompatibility
- Abuse or cruelty
- Adultery
- An irretrievable relationship breakdown
Legal Separation Agreement
In a legal separation agreement, both spouses outline their rights during the separation. Subsequently, it highlights issues and privileges associated with the couple’s minor children and allows child support, child custody, and visitation rights.
Hire a Divorce Attorney to Apply for a Legal Separation in Kentucky!
Since hiring a divorce attorney to file a petition in court is not mandatory. After all, legal separation is a binding agreement dealing with alimony, child custody, child support, and other rights.
Call my law office for a free consultation if you are considering an uncontested divorce process or legal separation.
Contact nick Thompson for expert advice and legal assistance!
Call 502-625-0905 today to book an appointment.
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If you are considering bankruptcy, don’t delay because timing is crucial. I am here to help you. So, contact my office right away to start the conversation. Nick C. Thompson, Bankruptcy Lawyer: 502-625-0905.
