Kentucky family law is an important subject to understand if you live here in the Bluegrass State. However, the language used in laws and statutes can be overwhelming and confusing to approach if you have no legal background. The team at Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC, can help you better understand the Kentucky family laws you should know.
About Us
Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC, has spent years assisting the people of Kentucky and Southern Indiana in their family law cases. Our team has years of extensive training and experience. We are compassionate and zealous advocates for our clients, and have handled cases ranging from minor familial disputes to high-value contested divorces.
What Is Family Law?
Family law encompasses a wide range of legal matters that center on familial relationships. In 2024, Kentucky courts processed 25,154 family law cases. Examples include divorce, child support, alimony, property division, paternity, and parental rights matters.
Family law cases are handled through each county’s Circuit Court. For instance, if you live in Louisville, your case would be processed through Jefferson County Family Court, located at 700 West Jefferson Street in Louisville.
Divorce
Divorce is one of the most common types of family law cases. Kentucky has a divorce rate of 2.9 per 1,000 residents, higher than the national average of 2.4 per 1,000 Americans. Kentucky is a no-fault state, meaning that you do not need a reason to file for divorce. However, you must prove that there is an irretrievable breakdown in the relationship. Both parties must live apart for at least sixty days before filing.
Legal separation is an option for some couples who require distance but are not financially or emotionally prepared for divorce proceedings. After one year has passed, a couple may file to transfer the separation into a dissolution of marriage.
Property Division
Property division is the process by which property is divided during a divorce. Kentucky uses equitable distribution guidelines, meaning that assets are split based on what is deemed fair, rather than evenly. Most belongings aside from those acquired before the marriage, inheritance, or gifts are considered marital property and included in deliberations.
Child Custody
Child custody in Kentucky breaks down into legal and physical rights. Legal custody is the power for a parent to make important decisions for a child, while physical custody is the guideline for where the child lives. These parental rights can be granted in joint form, where both parties retain responsibilities, or sole form, where only one parent holds rights. Custody is determined by what the courts view as in the best interests of the child.
Temporary custody orders may be issued when necessary. Common scenarios include prolonged cases where arrangements are required before finalization, or instances of alleged child abuse.
Child Support
Kentucky child support is calculated using set guidelines that consider each parent’s gross income, the number of children, custody arrangements, and the estimated childcare costs. Both parents must owe an amount based on the formula, with a minimum of $60 per month.
The parent who earns more is the obligor and pays the difference between the amounts owed to the other.
Alimony
Maintenance, or alimony, is payments from one former spouse to another when the latter is unable to support themselves. Alimony does not have a set formula for whether it is granted or the final amount. Instead, it is up to the judge’s discretion.
Courts determine alimony based on the details of the case, such as the standard of living during a marriage, the age of each spouse, the marriage’s duration, and financial resources. Temporary maintenance may be granted during divorce proceedings and end upon finalization.
FAQs About Family Laws
When Do You Need a Kentucky Family Lawyer?
There are many circumstances where you may need a family lawyer for your Kentucky family law matter. The most common time is when there are significant disputes between you and another party. An attorney can help you build your case, represent your argument, and negotiate with other parties. Another use is if you are considering filing a case, but are confused about the details. An experienced lawyer can prepare you for the process and draft all paperwork.
How Is Custody Decided in Kentucky?
In Kentucky, custody is determined by the courts based on what is in the best interests of the child. Judges consider a wide range of factors, such as the wishes of the parents, the wishes of the child, familial relationships, the mental well-being of all parties, and which method would result in the lowest impact on the child’s life.
Who Gets What During Divorce Proceedings in Kentucky?
Who gets what specific property during divorce proceedings in Kentucky changes depending on the situation. Kentucky is an equitable distribution state, meaning assets are divided based on what is fair, rather than an even split. Judges determine several details, such as the earning capacity of both parties, the contribution to the relationship, the health of each spouse, and the length of marriage.
How Much Does a Family Lawyer Cost in Kentucky?
How much your Kentucky family lawyer costs depends on the type of case you need assistance with, its complexity, and the work hours it requires. A simple drafting of a prenuptial agreement typically costs less than legal counsel for a contested divorce involving high-value assets that goes to litigation. In your initial consultation, your lawyer can provide an estimate for your final legal expenses.
Hire a Family Lawyer Today
The sensitive nature of family law cases and disputes can make it challenging to handle on your own. Hire a family lawyer to aid you in this trying time. Your Kentucky family law attorney can guide you through the proceedings and be at your side for each stage, from initial filing to final court verdict and appeals.
Contact us today to schedule your initial consultation or visit our Louisville office on West Market Street to learn more about Kentucky family laws and how we can help.
