Is there a cooling off period in a Louisville divorce? How quickly can a divorce actually be completed in Kentucky? Are there residency requirements regarding who can file for a Louisville divorce and when?
Kentucky is a no-fault divorce state which means you don’t have to prove why a divorce should be granted in your case. The state of Kentucky basically requires only one of the parties to state there are irreconcilable differences between the parties which cannot be reconciled. Kentucky’s family law statutes describes an “irretrievable breakdown” as the single requirement of either or both of the parties for a marriage to be brought to an end.
We are often asked “How long will this take?” and “What is the 60 day cooling off period in a Louisville divorce?”
In order to file for a divorce in Louisville or anywhere in Kentucky one of the parties must have lived in Kentucky for at least 180 days prior to a filing for divorce. There is a mandatory 60 day cooling off period in a Louisville divorce which means the Court cannot finalize your divorce until the 60 day “living apart” period has passed from the date your divorce was filed. If you don’t have any children under the age of 18, the clock on the 60 day “living apart” or cooling off period in a Louisville divorce begins on the “date of separation.” This is required even if the parties are in complete agreement on every issue associated with the divorce.
The date of separation is a legal designation in the State of Kentucky which can be a bit confusing. It used to mean the date one of the former spouses literally moved out of the marital home. While this can still be the case, many couples remain living together to share expenses while the divorce is being completed. Generally speaking, the date of separation can be the date one of the spouses informed the other of their committed intent to divorce. The divorcing couple must refrain from engaging in romantic or sexual intimacy.
The experienced and proven divorce and family law attorneys can guide you through the process of establishing the date of separation and the requirements to meet Kentucky’s “living apart” requirements (even if you remain in the same home) prior to your divorce. This is all part of the 60 day cooling off period in a Louisville divorce.
It is important to note that it can be extremely legally challenging for a divorce to be completed if one of the parties is pregnant. All issues contained within the separation agreement must be addressed including child custody and parenting time, the division of assets and debts, as well as the division of retirement and investment accounts.
Learn more about the process and time frame associated with a divorce in Louisville. We invite you to review the strong recommendations of our former clients and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
