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Learn the basics of how Kentucky handles divorces

On Behalf of | Jun 24, 2020 | Divorce |

Considering divorce means possibly changing many things in your life — from where you live to the standard of living you enjoy. Divorce can seem chaotic and unpredictable, which is one reason why people put off ending an unhealthy or unhappy marriage.

Learning a little bit about Kentucky laws and how Kentucky courts handle different considerations in a Kentucky divorce can help you feel more confident to make your own decisions about what is best for you and any children you have if your marriage has become unworkable or even unsafe.

The Kentucky family courts aim for fairness when they split up assets

The process of property division or asset distribution is often one of the more hotly contested details. In some cases, both spouses want the marital home. Other times, they don’t agree about what is a fair and reasonable way to split up their debts.

If a couple can’t reach terms on their own before filing for divorce, the courts will look at many factors, including the length of the marriage and the resources of each individual spouse in order to determine a fair way to split the marital property.

There is a presumption of shared custody in Kentucky divorce and custody cases

Kentucky family courts recognize that both parents play critical roles in the development and ongoing well-being of minor children. As such, barring significant family issues, shared custody is often ordered by the court.

If either parent intends to seek primary custody, they will need to have a compelling argument and demonstrate that their request is in the best interest of the children. Examples of scenarios where the courts may grant sole custody or primary custody to one parent with only visitation to the other could include one parent having a history of neglect or abuse, or a pattern of psychological issues or addictive behavior.

It is difficult to exactly predict the way that the courts will split up parenting time and possessions. However, the goal is fairness in property division and a solution that upholds the best interest of the children when it comes to custody. Knowing that can make it easier for you to make rational decisions about a potential divorce.