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John Schmidt Feb. 26, 2020

For most married couples who choose to separate, arriving at the decision to divorce is emotionally exhausting in and of itself. Generally, it’s not until you’ve made it past that initial point of indecision and emotional roller-coastering that the logistical questions may start to occur to you, such as:

  • How much is a divorce going to cost?

  • What do I need to do to start the divorce process?

  • How does the divorce process even work in Kentucky?

  • What will I get to keep in the divorce?

  • How do we establish fair child custody and spousal support arrangements?

    Don’t worry — you don’t have to figure this all out on your own. My law firm, the Law Offices of John Schmidt & Associates, has been working closely with people in your exact situation since 1998. I know from experience how stressful and disorienting the divorce process can be without clear legal guidance.

    That’s precisely why I like to meet with clients in person. During that initial one-on-one meeting, we can sit down, review your case, answer some of those basic questions, and ultimately decide if my law firm is the right resource to handle your case.

    Requirements for Divorce, Legal Separation, and Divorce in Kentucky

    Each U.S. state has its own set of rules and guidelines when it comes to divorce, legal separation, and annulment. In most cases, divorce is the option that makes the most sense for a couple looking to dissolve their marriage. However, it can be beneficial to start with a simplified breakdown of each legal option.

    During your initial consultation, we can discuss these and related considerations in greater detail. The goal of the meeting is to get you the information you need to start your case off on the right foot, so I want to ensure that our discussion is catered to your specific situation from the moment we meet.

    Divorce Requirements

    Many people assume that some aspect of blame has to go into their divorce, but that’s actually not the case. Kentucky is a no-fault divorce state, which means that the court doesn’t need proof that either spouse did something to cause the desired separation. Rather, the state accepts that marriages end for all kinds of reasons and simply requires that:

    • At least one spouse has been a Kentucky resident for at least 180 days prior to filing for divorce

    • The parties have been living apart for at least 60 days

    • The petition for dissolution of marriage is filed in the county where the filing spouse (the “petitioner”) is a resident

    Again, this is a simplified list of Kentucky’s requirements for divorce. Every case is unique to the people involved, which is one of the reasons why it’s so important to consult with an experienced divorce attorney.

    Legal Separation Requirements

    In some circumstances, a separating couple may choose to remain married but live separately. In these cases, that couple may choose to pursue a legal separation rather than a divorce.

    The grounds for a legal separation are the same as those of a divorce. However, the paperwork to be filed and the end result differ. While a divorce “terminates” a marriage entirely, a legal separation gives the separating partners the chance to divide their assets, debts, parenting time, and so on, but to remain legally married.

    Annulment Requirements

    Annulment is an option for marriages that are considered “invalid.” That is, the marriage involves:

    • Too close of a blood relationship between the spouses

    • One or both spouses being mental disabled

    • One or both spouses already being married

    • One or both spouses being underage

    • An element of fraud or duress

    If you believe annulment is the right option for your case, we can discuss these requirements further during your initial consultation.

    Shepherdsville Divorce & Family Law Attorney

    If you’re contemplating a divorce, the Law Offices of John Schmidt & Associates is here to help. We will use our experience in resolving child custody battles and other many types of family law matters to benefit you. Our office is conveniently located in Shepherdsville, but we are also proud to serve the surrounding legal communities of Louisville, Elizabethtown, Jeffersontown, Mount Washington, and Radcliff, Kentucky. Call today to schedule a free meeting and ensure sure that you know facts from fiction.

    Finding a Good Lawyer

    One good way to find a lawyer is to check out their online recommendations, ask friends, acquaintances, or other lawyers and attorneys for referrals and then interview the candidates. You can call my office at 502-509-1490 to schedule a consultation to discuss your options or set an appointment here:

    Let Our Experienced Team Help

    If you’re facing divorce, custody, grandparent's rights, paternity, adoption, criminal charges, personal injury, or need deeds or wills prepared in or around Shepherdsville or Shelbyville or Taylorsville or Radcliff or Elizabethtown or Louisville, Kentucky, rely on our team at the Law Offices of John Schmidt & Associates. We will fight aggressively to help you protect your rights with the goal of obtaining the most favorable outcome. Schedule an appointment here: