Did You Know? Divorce Separation Times

DID YOU KNOW? Did you know that the Commonwealth of Kentucky requires certain separation times before a divorce can be granted?

If you have children, you cannot get divorced until 60 days after the divorce is filed. If you do not have children, you cannot get divorced until 60 days after you are separated.

Assume, for example, Person A and B are married and separate on November 1. They file for divorce on January 10. If they do not have children, the divorce can be granted immediately because they have been separated 60 days. If they do have children, they won’t be able to get divorced for 60 days from January 10 because the 60 days is counted from the time the divorce is filed, not the date of separation, when children are involved. When children are involved, it does not matter how long you’ve been separated, only the date you filed for divorce.

If Person A and B are married and separate on November 1, and file for divorce on December 1, they will have to wait 60 days from December 1 if there are children involved, but only 30 days if there are no children involved (all of these examples assume of that everything is agreed on).

We have recently began expanding our domestic practice and have a team of lawyers standing by to assist you. If you have questions, call any of our offices. Remember, each situation is factually different and this general advice is in no way a substitute for advice of an attorney familiar with the factual nuances of a certain matter. THIS IS AN ADVERTISEMENT.

Categories: family law, domestic, divorce

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