Divorce Attorneys in Covington, Kentucky

Data compiled by the United States Census Bureau indicates that Kentucky’s divorce rate in 2019 ranked fifth among all states. Although divorce rates are on the decline nationwide, so too are marriages. As such, divorce remains a common issue for many of us living in Kentucky.

When you believe it may be time to consider divorcing your spouse, you will need support from loved ones to get through this tough time. Even if divorce is the best option to resolve what may have been a rocky marriage, the process can still bring up weighty emotions. However, working with a Covington, Kentucky divorce and family law attorney can help to alleviate much of the stress resulting from divorce.

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Filing for Divorce in Kentucky

Eligibility – Residency Requirements

Pursuant to Kentucky Revised Statute Section 403.140, you and/or your spouse must have resided in the state of Kentucky for at least 180 days (6 months) prior to filing the petition for divorce. Such a requirement may seem frustrating, but this is a requirement that is common in most states. Additionally, you and your spouse must “live apart” for at least 60 days before a judge will grant a divorce. Living apart can mean both spouses live under the same roof but are not sexually active.

Grounds for Divorce in Kentucky

Kentucky is a “no-fault” divorce state, which means that you or your spouse can file for divorce at any time if you feel the marriage is “irretrievably broken.” In other words, if you and your spouse no longer get along or have the same feelings for one another, you can file for divorce.

As such, you do not need to meet extraordinary grounds to file for divorce. However, if a divorce is contested or not agreed-upon by both spouses, additional requirements may be necessary before a judge will grant a divorce.

Contested v. Uncontested Divorce

If you are lucky, a divorce will be a short and smooth process, but this can only occur when both spouses agree on the terms of divorce (or most of the terms of a divorce). Most divorce proceedings will require some give and take to reach the point that the divorce is uncontested, or not challenged.

In the event a divorce is contested, both spouses will be asked to present evidence as to why the court should or should not grant the divorce. A judge may order you and your spouse to undergo counseling or take other measures to heal a marriage before making the final decision to divorce.

Because contested divorces can get messy, working alongside divorce lawyers helps to ensure your rights are protected. Without legal guidance and support, a divorce proceeding can quickly spin out of control and become costly.

Dividing Assets in a Divorce

When a divorce is uncontested, both spouses agree upon how assets will be divided. For example, you and your spouse may decide that one of you will keep the home you lived in, while the other spouse will take one or more other assets. Another option is that you and your spouse may agree to sell all assets acquired during your marriage and split the proceeds. Whatever decision is made, the more that is agreed-upon, the better.

How Long Will Divorce Take?

A divorce in Kentucky may be very quick or it could take well over one year to resolve, all depending on (1) whether your divorce is contested, and (2) how much/many assets are at issue. Some couples have successfully concluded the divorce process in a matter of months without difficulty, while other couples suffer for months, wondering when the light at the end of the tunnel will arrive. Having children involved can also complicate and lengthen the time it takes to resolve a divorce proceeding in Kentucky.

When it comes to divorce, it’s important to understand that terminating a legally binding marriage – which is a contract – can be a devastating experience. Reach out to a divorce attorney to understand your legal rights during this difficult time, and how to best protect your rights for yourselves and your loved ones.

Divorce Attorneys in Covington, Kentucky

Disagreement can cause unnecessary time and expense during a nasty divorce. Rather than fight with your soon-to-be ex-spouse, why not choose to work with a Covington, Kentucky divorce attorney who can help to limit the amount of turmoil involved in your divorce? At The Berger Firm, we strive to ensure we are helping our clients move forward confidently. Our Covington, Kentucky family law and divorce attorneys serve the greater Cincinnati area and other parts of northern Kentucky. Contact us today to learn more.