Denise Brown Family Law Blog on Lawyers.com

A question that our firm commonly hears is: do I have grounds for divorce?  Denise Brown’s Legal Direction wants to help you to answer that question for yourself.  We also want you to understand Kentucky divorce law.

The only grounds for divorcing in Louisville
When you begin the process of filing divorce in Louisville, you become subject to the laws in Kentucky governing the dissolution of marriage.  Kentucky is a no fault state, which means that neither spouse has to show that the other engaged in an act or behavior calling for the end of the marriage.  Mental cruelty, adultery, or physical abuse does not need to be shown in order for a divorce to be granted.  Louisville divorce law only requires that you acknowledge that an irretrievable breakdown of the marriage has occurred.  This means that the couple cannot continue living together, and that there appears to be no reasonable hope for reconciliation.

According to divorce laws in Louisville, a couple can testify to irretrievable breakdown in one of two ways:

• Both parties can state, either by petition or under oath, that the marriage is broken and without hope for repair.
• One party can state that the marriage is broken beyond hope of repair, and the other party does not deny it.

What if my spouse will not give me a divorce?
Divorce law in Louisville does not require that one spouse grant a divorce to the other spouse.  Divorces are granted only by the court.  If your spouse does not respond to the copy of the divorce petition with which he or she is served within twenty days—and does not answer the summons for his or her court appearance at your divorce hearing—you may be granted a divorce by default.

After a hearing, the court will come to a decision regarding the state of the marriage, and may possibly grant a divorce decree.  The court may also order a conciliation conference, if it deems such a measure to be appropriate.  It is important to understand that divorce laws in Louisville do not allow this decree to be granted unless certain criteria are met, including:

• The partners must live apart for at least sixty days
• The partners can live in the same household but must do so without sexual cohabitation for at least sixty days.

Contact us for help with filing for divorce in Louisville
Do you need skilled help from a Louisville divorce attorney?  Denise Brown’s Legal Direction provides balanced counsel, giving you the options you need to make choices that lead to your success.  From our office in Louisville, we represent clients throughout Kentucky.