Filing for Separation in Kentucky: The Process and Its Benefits
Sometimes, couples need space or time apart but are not ready for a divorce. In that case, they may benefit from Kentucky’s legal separation option. Filing for separation in Kentucky is a formal court process – it is not just agreeing to live apart. Taking the proper steps in that process ensures couples are able to set legal rights and obligations.
In this article, we will explore what filing for separation in Kentucky entails – the state’s requirements, how to file, and what the key advantages are.
Understanding Legal Separation in Kentucky
The key points to know about the laws governing separation in Kentucky are as follows:
- It is a court-recognized arrangement where two spouses live apart but are still legally married.
- Kentucky law states that a decree of legal separation is allowed if the marriage is “irretrievably broken”, but one spouse believes reconciliation is possible (KRS 403.140(2)).
- It is different from divorce – there is no final dissolution of the marriage, and as such, spouses cannot remarry during the separation.
It’s important to remember that legal separation addresses the same issues that would be present in a divorce, such as property and custody, but the marital bond is kept intact.
Eligibility and Filing Requirements
The key aspects that determine eligibility and the requirements for filing for separation in Kentucky are:
- Residency: At least one spouse must have resided in Kentucky for 180 days before filing.
- Waiting period: Whereas for a divorce decree Kentucky laws require a 60-day separation beforehand, for legal separation courts may grant it provided the couple proves the marriage is irretrievably broken, but one of them hopes to reconcile.
- Petition: A “Petition for Legal Separation” must be filed in the Circuit Court of the county where either spouse resides.
- Grounds: A couple must only prove that the marriage is irretrievably broken, as Kentucky is a “no-fault” state.
The Legal Process for Filing for Separation in Kentucky
We know that this legal situation seems complex and daunting. Here is a step-by-step explanation of the process for separating legally in Kentucky:
- First, you file the petition and pay the fee (around $150-$200).
- You serve your spouse with the petition.
- Expect temporary orders – courts may issue them for child custody, possession of the home, or spousal support, while the case is still pending.
- Negotiate and mediate – this is where you and your spouse will work together with your lawyers to draft a separation agreement which would cover how property is divided, any parenting plans, child support, and maintenance.
- Finally, a judge will review the agreement and will issue a “Decree of Legal Separation”, enforceable similarly to a divorce decree.
Key Benefits of Legal Separation in Kentucky
Separation differs from divorce in several important aspects, which comprise the benefits of this option as opposed to the finality of a divorce. Those include, but are not limited to:
- Working on the marriage without ending it in the case of hope for reconciliation.
- In case religious or personal beliefs discourage divorce, separation is the next best option.
- Health insurance and benefits may remain intact, as some employer health plans will continue to cover legally separated spouses.
- Financial planning is easier, such as time for division of property and debts whilst maintaining certain marital benefits like joint tax filing (if eligible).
- After at least one year post-separation, spouses can amend their petition and request a divorce without starting the whole process over.
How an Experienced Family Law Attorney Can Help
The process of filing for separation in Kentucky is a complicated one, just like any other legal situation. This is where an experienced attorney can offer you guidance – they will explain your rights, and ensure that during your separation, your property, custody arrangements, and financial stability in the future are protected.
Receiving legal guidance matters – it prevents mistakes which can complicate either a future divorce, or financial planning. Our family law attorneys at Hoffman Walker & Knauf offer invaluable expertise and experience in cases of legal separation in Kentucky. We take your legal matters very seriously, and we are dedicated to achieving the best possible results for our clients.
Don’t delay getting help and contact us today – let us help you protect your rights and your future.
