Divorce/Legal Separation/Annulment

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Requirements

You or your spouse must have been a resident of Indiana or Kentucky for 180 days before you can file for a divorce or legal separation in these states.  The standard for obtaining a divorce is that there is an irretrievable breakdown of the marriage.  Gone are the days where fault is considered in divorce.  Fault can occasionally be considered when determining maintenance in Kentucky, however.

After filing for divorce, you must wait a minimum of sixty days before the divorce can be granted. 

Division of Debts and Assets

Marital debts and assets will be divided "equitably" among the parties.  The presumption is that an equitable distribution is a 50/50 split, but there are occasions when this is not the case.  Certain assets and debts will not be divided in the marriage.  These include premarital property or debt, student loans, and inherited assets, among others.  The distribution of assets can also be influenced by the earning capacity of the parties in some situations.  

Maintenance

A Court in Kentucky is much more likely to grant maintenance to a spouse than in Indiana.  In Indiana maintenance will only be granted if one of the parties is disabled and unable to support themselves, or for the purposes of rehabilitation.  Rehabilitative maintenance is only granted in limited circumstances, and usually for no more than three years.

Maintenance will be determined, if appropriate, based both on the needs of the requesting party and the ability of the paying party to provide it.  

Legal Separation

Some people prefer a legal separation to a divorce.  A legal separation allows the parties to divide their assets and debts while still remaining technically married.  Common reasons to pursue a legal separation instead of a divorce include religious aversion to divorce, possibility of reconciliation, and keeping the spouse on the other party's health insurance.  A legal separation can be converted to a divorce at any time.  In Indiana, a legal separation can only last for a period of one year.

Annulment

An annulment can be granted when the marriage itself should be voided, meaning that after an annulment is granted it is as if the marriage never happened.  Annulments are very rare.  In Indiana, they can only be granted if one of the parties was incapable of contracting to the marriage due to age or mental incompetence, or the marriage was entered into as a result of fraud.  In Kentucky, an annulment can be granted on the basis of fraud, age, mental incapacity, lack of solemnization or consanguinity.  In Kentucky you only have 90 days after discovery of the reason for annulment to file for it, or you will have to instead file for divorce.

Legal Assistance

We can assist you in a variety of ways with your divorce, legal separation or annulment.  If you and your spouse are in agreement regarding the terms, we can assist you by preparing the paperwork necessary to have your divorce granted for a flat fee.  If you and your spouse do not agree, then we can help to make sure that you get what you are entitled to.  We always try to negotiate an agreement, as this saves you time, money and mental anguish- but if we are unable to reach an agreement, then we will take your case to Court.  

 

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