| A cursory glance at the social statistics reveals that | | | | reasonable prospect of reconciliation, is the sufficient |
| the things are really a bit unbridled. In 1999, Kentucky | | | | and only acceptable ground for divorce. No further |
| had a divorce rate of 5.5/1000 population, far above | | | | clarifications or explanations are expected from either |
| the national average of 4.1/1000 population. Superficially | | | | of the spouses. (Kentucky Statutes: Title 35- Chapter: |
| the divorce rate seems to be on the decline. In 1990, | | | | 403.170) During the divorce proceedings, one or other |
| Kentucky had a divorce rate of 5.8/1000 population, | | | | of the two parties may move to the court for |
| which shot up to 5.9/1000 population in 1995. Then | | | | temporary orders regarding maintenance and child |
| followed a trend towards decline with the divorce rate | | | | support, and may request the court to issue a |
| being 5.1/1000 population in 2001, which further receded | | | | temporary injunction or restraining order till the case is |
| to 4.9/1000 population in the year 2004. However this | | | | pending. (Kentucky Statutes: Title 35- Chapter: 403.160) |
| downward trend is apt to lose its validity, considering | | | | So far as the division of property is concerned, |
| the high rate of cohabitation and Out-of-Wedlock birth | | | | Kentucky is an “equitable distribution” state. In |
| rate in Kentucky. At the same time, the fading away | | | | case of a disagreement concerning the division of |
| of conventional restraining influences, with 46.57% of | | | | property, all marital property is equitably divided by the |
| the population not being attached to any church, the | | | | court between the two parties, without any regard to |
| social institutions seem to be susceptible to an | | | | marital misconduct. “Marital Property” includes all |
| enhanced level of pressure and stress. | | | | assets and debts acquired by the couple after the |
| In order to file a divorce suit in Kentucky, one has to | | | | marriage. It doesn’t include the property acquired by |
| satisfy certain residency requirements. In case of a | | | | gift, bequest, devise or descent or any property |
| finding by the court that it has no jurisdiction over the | | | | acquired in exchange for such a property. While |
| given suit, the case may be dismissed. To file a petition | | | | dividing the property the court does consider such |
| for divorce in Kentucky, one of the parties should be a | | | | factors as the contribution of each spouse, duration of |
| resident of the state or should be stationed in the state | | | | marriage, economic circumstances of each spouse, |
| as a member of the armed forces for at least 180 | | | | etc. (Kentucky Statutes: Title 35- Chapter: 403.190) |
| days prior to the filing of the petition. (Kentucky | | | | The court may grant a maintenance to a spouse after |
| Statutes: Title 35- Chapter: 403.140) The petition for | | | | examining various facts such as the financial status of |
| dissolution must be initiated in the Circuit Court of the | | | | the spouse, employability, standard of living established |
| county where either of the spouses usually resides. | | | | during the marriage, physical and emotional condition of |
| (Kentucky Statutes: Title 35- Chapter: 452.470) | | | | the spouse, etc. (Kentucky Statutes: Title 35- Chapter: |
| The spouse who initiates the divorce process is called | | | | 403.200) |
| the Petitioner. The Petitioner is required to serve the | | | | The child custody is decided in accordance with the |
| Petition for Dissolution of Marriage on the other spouse, | | | | best interests of the child. Equal consideration is given |
| who is called the Respondent. In the petition, the | | | | to both the parents and joint custody is permitted. The |
| petitioner ought to mention the valid Kentucky grounds | | | | wishes of the parents and the child are considered |
| for Dissolution of Marriage, on the basis of which the | | | | besides various emotional and psychological factors, |
| divorce is being sought. Besides, it should include other | | | | before arriving at any decision. The court may |
| information relevant to the case such as the existence | | | | interview the child and may consult a professional to |
| and status of any domestic violence protective orders, | | | | decide the custody issue. The court may also appoint |
| date of marriage, place of registration of marriage, | | | | an investigator or an agency to investigate and report |
| date of separation, information regarding children if | | | | regarding the custodial arrangements. Non-custodial |
| there are any, any arrangements regarding child | | | | parent is given reasonable visitation rights, unless it may |
| custody and visitation and spousal support, etc. | | | | prove to be detrimental to the child’s overall health |
| Kentucky is a purely no-fault state and a conclusion by | | | | and well-being. Barring exceptional circumstances, no |
| the court that the marriage under consideration for | | | | appeal for modification of custody decree can be |
| dissolution is irretrievably broken, without any | | | | made earlier than two years. |