Massachusetts Divorce Laws
Residency Requirements for Divorce in Massachusetts
If the grounds for divorce occurred in Massachusetts, 1 spouse must be a resident. If the grounds occurred outside of the state, the spouse filing must have been a resident for 1 year. The divorce should be filed for in the county in which the spouses last lived together. If neither spouse currently lives in that county, then the divorce may be filed for in a county where either spouse currently resides.
[Massachusetts General Laws Annotated; Chapter 208, Sections 4, 5, and 6].
Legal Grounds for Divorce in Massachusetts
1. No Fault Divorce: Irretrievable breakdown of the marriage (may be filed for either with or without a separation agreement. For no-fault divorce filed in conjunction with a separation agreement, see below under Simplified Or Special Divorce Procedures.)
[Massachusetts General Laws Annotated; Chapter 208, Sections 1, 1A, and 1B].
2. General Divorce:
1. Impotence
2. imprisonment for over 5 years
3. adultery
4. alcoholism and/or drug addiction
5. desertion without support of spouse for 1 year before the filing for divorce
6. cruel and inhuman treatment
7. nonsupport whereby a spouse is able to provide support but grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse
[Massachusetts General Laws Annotated; Chapter 208, Sections 1, 1A, 1B, and 2].
Legal Separation in Massachusetts
The grounds for legal separation are:
1. A spouse fails without cause to provide support
2. Desertion
3. Gives the other spouse justifiable cause to live apart
The court may award support to the spouse and children living apart. If the grounds for legal separation occurred in Massachusetts, 1 spouse must be a resident. If the grounds occurred outside of the state, the spouse filing must have been a resident for 1 year.
[Massachusetts General Laws Annotated; Chapter 208, Section 20].
Simplified/Special Divorce Procedures in Massachusetts
An action for divorce on the grounds of irretrievable breakdown of the marriage may be instituted by filing:
1. A petition signed by both spouses
2. A sworn affidavit that an irretrievable breakdown of the marriage exists
3. A notarized separation agreement signed by both spouses
A marital settlement agreement is an acceptable substitute for a separation agreement. No summons will be required. Such petitions are to be given a speedy hearing. Marital fault is not to be considered in any decision of the court on property division or maintenance. In addition, there are sample divorce forms for use in divorces set out in the Massachusetts Rules of Court Appendix of Forms. A Financial Statement must be filed in all divorce cases. There is an official Child Support Guidelines Worksheet contained in the Appendix of Forms. Finally, in every action for divorce, a Public Health Statistical Report must be filed by each spouse. Copies of this form are available from the offices of the Registers of Probate.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 6B and Massachusetts Rules of Court; Appendix of Forms].
Divorce Mediation or Counseling Requirements
In cases where "irreconcilable differences" are used as the grounds for divorce, the court may refer the spouses and children for marriage and family counseling.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and Massachusetts Rules of Court].
Divorce Property Distribution
Massachusetts is an "equitable distribution" state. The court may divide all of the spouse's property, including any gifts and inheritances, based on the following factors:
1. The contribution of each spouse to the acquisition, preservation, or appreciation in value of the property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The conduct of the parties during the marriage (if the grounds for divorce are fault-based)
10. Any health insurance coverage
Fault is not a factor if the grounds for the divorce are irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 34].
Alimony and Spousal Support
Either spouse may be ordered to pay maintenance to the other. The factors to be considered are:
1. The contribution of each spouse to the acquisition, preservation, or appreciation in value of any property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The conduct of the parties during the marriage (if the grounds for divorce are fault-based)
10. Any health insurance coverage
11. The present and future needs of any children of the marriage
Fault is not a factor if the grounds for the divorce are irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement. Health insurance coverage may be ordered to be provided as part of the maintenance award.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 34].
Spouse's Name After Divorce
The wife may be restored to the use of her former or maiden name.
[Massachusetts General Laws Annotated; Chapter 208, Section 23].
Child Custody After Divorce
Custody may be awarded to either or both parents or to a third party. If there is no marital misconduct, the rights of each parent to custody shall be deemed to be equal. The happiness and welfare of the child shall be the factors that the court considers. In making this consideration, the court shall consider:
1. Whether or not the child's present or past living conditions adversely affect his physical, mental, moral, or emotional health
2. Whether any family member abuses alcohol or other drugs
3. Whether either parent has deserted the child
4. Whether either parent has committed any acts of domestic violence
5. Whether the parents have a history of being able and willing to cooperate in matters concerning the child
Joint custody may be awarded if both parents agree and unless the court finds that joint custody is not in the best interests of the child. If the issue of custody is contested and the parents desire some form of shared custody, a shared parenting plan must be submitted to the court. Provisions in a Marital Settlement Agreement relating to child custody will fulfill this requirement.
[Massachusetts General Laws Annotated; Chapter 208, Sections 28 and 31].
Child Support After Divorce
The court may order either parent to provide maintenance, support (including health insurance), and education for any minor child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Reasons for deviation from the Guidelines are:
1. The parent to pay support has other minor children and there are insufficient financial resources available
2. The parent to pay support has extraordinary expenses (travel-related visitation expenses, uninsured medical expenses, etc.)
3. Other unusual circumstances
There is an official Child Support Guidelines Worksheet contained in the Appendix of Forms.
[Massachusetts General Laws Annotated; Chapter 208, Section 28 and Massachusetts Rules of Court; Appendix of Forms].
Sunday, February 3, 2008
Friday, January 18, 2008
Maryland Divorce Laws
Maryland Divorce Laws
Residency Requirements for Divorce in Maryland
If the grounds for divorce occurred outside of Maryland, 1 of the spouses must have lived in Maryland for at least 1 year prior to filing for divorce. Otherwise, either spouse may file for divorce in Maryland. If insanity is the grounds for divorce, the residency requirement is increased to 2 years. The divorce may be filed for in a county where either spouse resides.
[Annotated Code of Maryland; Family Law, Section 7-103 and Maryland Rules, Rule 9-201].
Legal Grounds for Divorce in Maryland
1. No Fault Divorce:
1. The spouses have voluntarily lived separate and apart for 1 year without interruption or cohabitation and there is no reasonable expectation of reconciliation
2. The spouses have lived separate and apart without interruption for 2 years
[Annotated Code of Maryland; Family Law, Section 7-103].
2. General Divorce:
1. Adultery
2. Deliberate desertion for 12 months with no chance for reconciliation
3. Confinement for incurable insanity of at least 3 years
4. Conviction of a felony or a misdemeanor with at least a 3-year sentence and after 1 year having been served
5. Cruelty, with no chance for reconciliation
6. Vicious conduct, with no chance for reconciliation
[Annotated Code of Maryland; Family Law, Section 7-103].
Legal Separation in Maryland
The grounds for a legal separation (limited divorce) are:
1. Willful desertion
2. Cruel and inhuman treatment
3. Voluntary separation and living separate and apart without cohabitation
The legal separation may be temporary or permanent. The spouses must make a good-faith effort to reconcile their differences.
[Annotated Code of Maryland; Family Law, Section 7-102].
Simplified/Special Divorce Procedures in Maryland
Summary divorces are not permitted in Maryland. However, marital settlement agreements are specifically authorized by statute and may be used for full corroboration of a plaintiff's testimony that a separation was voluntary if:
1. The agreement states that the spouses voluntarily agreed to separate
2. The agreement was signed under oath before the application for divorce was filed
In addition, each spouse must file a Financial Statement Affidavit and a Joint Statement of Marital and Non-Marital Property. The financial statement form is contained in Maryland Rules, Rule 9-203. The form for the Joint Property Statement is contained in Maryland Rules, Rule 9-206. Finally, in a default situation, the divorce may be granted only upon actual testimony of the plaintiff spouse.
[Annotated Code of Maryland; Courts and Judicial Procedure, Section 3-409 and Maryland Rules; Rules 9-203, 9-206, and 9-207].
Divorce Mediation or Counseling Requirements
Maryland specifically declares that it is in the best interests of children that there be mediated resolutions of parental disputes regarding custody. In cases where the custody of a child is in dispute, the court may order the parents to attempt to mediate that issue, unless there is a history of physical or sexual abuse of the child.
[Maryland Rules, Rule 9-205].
Divorce Property Distribution
Maryland is an "equitable distribution" state. The spouses retain their separate property, including:
1. Any gifts and inheritances
2. Property acquired prior to the marriage
3. Property which is directly traceable to property listed in 1 or 2
Marital property, including retirement benefits and military pensions, is then divided on an equitable basis. The court may order a division of the property, a sale of the property and a division of the proceeds, or a money award as an adjustment of the values. The court may award the family home to either party. The following factors are considered:
1. The monetary and non-monetary contributions of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The length of the marriage
5. Whether the property award is instead of or in addition to alimony
6. How and by whom the property was acquired, including any retirement, profit-sharing, or deferred compensation plans
7. The circumstances that contributed to the estrangement of the spouses
8. The age and physical and mental condition of the spouses
9. Any other factor necessary to do equity and justice between the spouses
[Annotated Code of Maryland; Family Law, Sections 8-202, 8-203, and 8-205].
Alimony and Spousal Support
Either spouse may be awarded alimony based on the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age of the spouses
9. The physical and emotional conditions of the spouses
10. Any mutual agreement between the spouses concerning financial or service contributions by 1 spouse with the expectation of future reciprocation or compensation by the other
11. The ability of the spouse seeking alimony to become self-supporting
12. The circumstances which lead to the breakdown of the marriage
13. Any other factor the court deems just and equitable.
[Annotated Code of Maryland; Family Law, Section 11-106].
Spouse's Name After Divorce
Either spouse's former or birth name may be restored if the purpose is not illegal, fraudulent, or immoral.
[Annotated Code of Maryland; Family Law, Section 7-105].
Child Custody After Divorce
Joint or sole custody may be awarded to either or both parents, based on the best interests of the child. Custody may be denied if the child has been abused by the parent seeking custody. There are no other factors for consideration set out in the statute. The court shall attempt to allow the child to live in the environment and community that is familiar to the child and will generally allow the use and possession of the family home by the person with custody of the child(ren).
[Annotated Code of Maryland; Family Law, Sections 5-203, 8-207, 8-208, and 9-101 and Maryland Case Law].
Child Support After Divorce
Child support may be awarded. There are specific child support guidelines and charts supplied in the statute. There is a presumption that the amount shown for support in the guidelines is correct. However, the amount may be adjusted up or down if it is shown to be inappropriate or unjust under the circumstances of the case. In determining whether the amount would be unjust, the court may consider:
1. The terms of any marital settlement agreement between the parents, including any provisions for payments of marital debts, mortgages, college education expenses, the right to occupy the family home, and any other financial terms
2. The presence in the household of either parent of other children that the parent has a duty to support
The family home may be awarded to the parent who has custody of a child to enable the child to continue to live in the environment and community that is familiar to the child.
[Annotated Code of Mary-land; Family Law, Sections 8-206, 12-101, 12-201, 12-202, 12-203, and 12-204 and Maryland Rules; Rule 9-206 (Child Support Guidelines)].
Residency Requirements for Divorce in Maryland
If the grounds for divorce occurred outside of Maryland, 1 of the spouses must have lived in Maryland for at least 1 year prior to filing for divorce. Otherwise, either spouse may file for divorce in Maryland. If insanity is the grounds for divorce, the residency requirement is increased to 2 years. The divorce may be filed for in a county where either spouse resides.
[Annotated Code of Maryland; Family Law, Section 7-103 and Maryland Rules, Rule 9-201].
Legal Grounds for Divorce in Maryland
1. No Fault Divorce:
1. The spouses have voluntarily lived separate and apart for 1 year without interruption or cohabitation and there is no reasonable expectation of reconciliation
2. The spouses have lived separate and apart without interruption for 2 years
[Annotated Code of Maryland; Family Law, Section 7-103].
2. General Divorce:
1. Adultery
2. Deliberate desertion for 12 months with no chance for reconciliation
3. Confinement for incurable insanity of at least 3 years
4. Conviction of a felony or a misdemeanor with at least a 3-year sentence and after 1 year having been served
5. Cruelty, with no chance for reconciliation
6. Vicious conduct, with no chance for reconciliation
[Annotated Code of Maryland; Family Law, Section 7-103].
Legal Separation in Maryland
The grounds for a legal separation (limited divorce) are:
1. Willful desertion
2. Cruel and inhuman treatment
3. Voluntary separation and living separate and apart without cohabitation
The legal separation may be temporary or permanent. The spouses must make a good-faith effort to reconcile their differences.
[Annotated Code of Maryland; Family Law, Section 7-102].
Simplified/Special Divorce Procedures in Maryland
Summary divorces are not permitted in Maryland. However, marital settlement agreements are specifically authorized by statute and may be used for full corroboration of a plaintiff's testimony that a separation was voluntary if:
1. The agreement states that the spouses voluntarily agreed to separate
2. The agreement was signed under oath before the application for divorce was filed
In addition, each spouse must file a Financial Statement Affidavit and a Joint Statement of Marital and Non-Marital Property. The financial statement form is contained in Maryland Rules, Rule 9-203. The form for the Joint Property Statement is contained in Maryland Rules, Rule 9-206. Finally, in a default situation, the divorce may be granted only upon actual testimony of the plaintiff spouse.
[Annotated Code of Maryland; Courts and Judicial Procedure, Section 3-409 and Maryland Rules; Rules 9-203, 9-206, and 9-207].
Divorce Mediation or Counseling Requirements
Maryland specifically declares that it is in the best interests of children that there be mediated resolutions of parental disputes regarding custody. In cases where the custody of a child is in dispute, the court may order the parents to attempt to mediate that issue, unless there is a history of physical or sexual abuse of the child.
[Maryland Rules, Rule 9-205].
Divorce Property Distribution
Maryland is an "equitable distribution" state. The spouses retain their separate property, including:
1. Any gifts and inheritances
2. Property acquired prior to the marriage
3. Property which is directly traceable to property listed in 1 or 2
Marital property, including retirement benefits and military pensions, is then divided on an equitable basis. The court may order a division of the property, a sale of the property and a division of the proceeds, or a money award as an adjustment of the values. The court may award the family home to either party. The following factors are considered:
1. The monetary and non-monetary contributions of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The length of the marriage
5. Whether the property award is instead of or in addition to alimony
6. How and by whom the property was acquired, including any retirement, profit-sharing, or deferred compensation plans
7. The circumstances that contributed to the estrangement of the spouses
8. The age and physical and mental condition of the spouses
9. Any other factor necessary to do equity and justice between the spouses
[Annotated Code of Maryland; Family Law, Sections 8-202, 8-203, and 8-205].
Alimony and Spousal Support
Either spouse may be awarded alimony based on the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age of the spouses
9. The physical and emotional conditions of the spouses
10. Any mutual agreement between the spouses concerning financial or service contributions by 1 spouse with the expectation of future reciprocation or compensation by the other
11. The ability of the spouse seeking alimony to become self-supporting
12. The circumstances which lead to the breakdown of the marriage
13. Any other factor the court deems just and equitable.
[Annotated Code of Maryland; Family Law, Section 11-106].
Spouse's Name After Divorce
Either spouse's former or birth name may be restored if the purpose is not illegal, fraudulent, or immoral.
[Annotated Code of Maryland; Family Law, Section 7-105].
Child Custody After Divorce
Joint or sole custody may be awarded to either or both parents, based on the best interests of the child. Custody may be denied if the child has been abused by the parent seeking custody. There are no other factors for consideration set out in the statute. The court shall attempt to allow the child to live in the environment and community that is familiar to the child and will generally allow the use and possession of the family home by the person with custody of the child(ren).
[Annotated Code of Maryland; Family Law, Sections 5-203, 8-207, 8-208, and 9-101 and Maryland Case Law].
Child Support After Divorce
Child support may be awarded. There are specific child support guidelines and charts supplied in the statute. There is a presumption that the amount shown for support in the guidelines is correct. However, the amount may be adjusted up or down if it is shown to be inappropriate or unjust under the circumstances of the case. In determining whether the amount would be unjust, the court may consider:
1. The terms of any marital settlement agreement between the parents, including any provisions for payments of marital debts, mortgages, college education expenses, the right to occupy the family home, and any other financial terms
2. The presence in the household of either parent of other children that the parent has a duty to support
The family home may be awarded to the parent who has custody of a child to enable the child to continue to live in the environment and community that is familiar to the child.
[Annotated Code of Mary-land; Family Law, Sections 8-206, 12-101, 12-201, 12-202, 12-203, and 12-204 and Maryland Rules; Rule 9-206 (Child Support Guidelines)].
Thursday, January 17, 2008
Maine Divorce Laws
Maine Divorce Laws
Residency Requirements for Divorce in Maine
Either spouse must be a resident of Maine, or the marriage or the grounds for divorce must have occurred in Maine. Otherwise, a person filing for divorce must be a resident of Maine for 6 months immediately prior to filing. The divorce may be filed for in the District Court in the county where either spouse resides. However, the defendant spouse has the right to have the proceeding moved to Superior Court.
[Maine Revised Statutes Annotated; Title 4, Section 155 and Title 19-A, Section 901].
Legal Grounds for Divorce in Maine
1. No Fault Divorce: Irreconcilable marital differences.
[Maine Revised Statutes Annotated; Title 19-A, Section 902].
2. General Divorce:
1. Impotence
2. Adultery
3. Alcoholism or drug addiction
4. Confinement for incurable insanity for 7 consecutive years
5. Desertion for 3 years
6. Cruelty or abuse
7. Nonsupport whereby a spouse is able to provide support but grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse
[Maine Revised Statutes Annotated; Title 19-A, Section 902].
Legal Separation in Maine
Legal separation will be granted if the spouses are or desire to be living apart with just cause for more than 60 days. If there are minor children, mediation between the spouses is required.
[Maine Revised Statutes Annotated; Title 19-A, Section 851].
Simplified/Special Divorce Procedures in Maine
If the divorce is not contested, testimony of a corroborating witness is not necessary.
[Maine Revised Statutes Annotated; Title 19-A, Section 901].
Divorce Mediation or Counseling Requirements
Mediation is mandatory in Maine if 1 of the spouses denies that there are irreconcilable differences or it is a contested divorce and children are involved. In addition, at any time a court may order mediation.
[Maine Revised Statutes Annotated; Title 19-A, Sections 251 and 902].
Divorce Property Distribution
Maine is an "equitable distribution" state. Each spouse retains his or her individual property, including:
1. Any gifts or inheritances
2. Any property acquired prior to marriage
3. Any increase in the value of property listed in 1 or 2 above, or property acquired in exchange for property listed in 1 or 2
The marital property is divided between the spouses after considering the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live in the home for a reasonable period of time to the spouse having custody of any children
Marital fault is not a factor.
[Maine Revised Statutes Annotated; Title 19-A, Section 953].
Alimony and Spousal Support
Either spouse may be ordered to pay a reasonable amount of alimony. The court may also order that a spouse's real estate be awarded to the other spouse for life as ali-mony. The court may also order that a lump-sum be paid to the other spouse as alimony. Marital fault is not a factor. There is a presumption that no general alimony or support be awarded if the marriage was for less than 10 years and that, for marriages lasting from 10 to 20 years, the alimony not last over one-half the length of the marriage. The court may ignore this presumption if it appears unjust or inequitable. In addition, the court may award "transitional" support for a spouse's short-term needs and/or for assistance on reentry into the workforce. The factors for consideration set out in the statute are:
1. The duration of the marriage
2. The age of the spouses
3. The standard of living established during the marriage
4. The ability of each spouse to pay
5. The employment history and employment potential of each spouse
6. The income history and income potential of each spouse
7. The education and training of each spouse
8. The provisions for retirement and health insurance benefits for each spouse
9. The tax consequences of the division of marital property, including the tax consequences of the sale of the marital home
10. The health and disabilities of each spouse
11. The tax consequences of an alimony award
12. The contributions of either spouse as homemaker
13. The contributions of either spouse to the education or earning potential to the other spouse
14. Economic misconduct of either spouse resulting in the diminution of marital property or income
15. The ability of the party seeking support to become self-supporting within a reasonable length of time
16. The effect of income from marital or non-marital property or child support payments on either spouse's need for or ability to pay spousal support
17. Any other factors the court considers appropriate
[Maine Revised Statutes Annotated; Title 19-A, Sections 851 and 951-A].
Spouse's Name After Divorce
During or after a divorce or annulment, and upon request, a spouse may have their name changed.
[Maine Revised Statutes Annotated; Title 19-A, Section 1051].
Child Custody After Divorce
Based on the best interests of the child, 3 types of custody may be awarded:
1. Responsibilities for the child's welfare are divided, either exclusively or proportionately. The responsibilities to be divided are: primary physical residence, parent-child contact, support, education, medical and dental care, religious upbringing, travel boundaries and expenses, and any other aspects. A parent awarded responsibility for any aspect may be required to inform the other parent of any major changes
2. Parental responsibilities are shared
[most or all of the responsibilities are made on the basis of joint decisions and the parents retain equal parental rights and responsibilities
3. 1 parent is granted full and exclusive rights and responsibility for the child's welfare, except for the responsibility of child support
The factors to be considered are
1. The age of the child
2. The motivation of the parents and their capacities to give the child love, affection, and guidance
3. The preference of the child, if the child is of sufficient age and capacity
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
5. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
6. The child's adjustment to his or her home, school, and community
7. The relationship of the child with parents, siblings, and other significant family members
8. The stability of the home environment likely to be offered by each parent
9. A need to promote continuity and stability in the life of the child
10. The parent's capacity and willingness to cooperate
11. Methods for dispute resolution
12. The effect on the child of 1 parent having sole authority over his or her upbringing
13. The existence of any domestic violence or child abuse
14. Any history of child abuse by a parent
15. Any misuse of "protection from abuse" orders to gain a tactical advantage in the case
16. Whether the child, if under age 1, is being breastfed
17. Any other factors having a reasonable bearing on the child's upbringing
No preference is to be given because of a parent's sex or because of the child's age or sex. In any child custody case, the court may order an investigation of the parents and child by the Department of Human Services.
[Maine Revised Statutes Annotated; Title 19-A, Sections 1501 and 1653].
Child Support After Divorce
Either or both parents may be ordered to pay child support, regardless of any marital fault. An order for support may require that a parent be responsible for an insurance policy covering the child's medical, hospital, and other health care expenses. There are official Child Support Guidelines contained in the statute. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust, inappropriate, or not in the best interests of the child under the particular circumstances in a case. There are also official child support guideline forms in use. Deviation from the guidelines is allowed under the following circumstances:
1. The non-primary residential caretaker is providing residential care over 30% of the time
2. The number of children requiring support is over 6
3. Child support, spousal support, and property division is being decided at the same time
4. The financial resources of the child
5. The financial resources and needs of each parent, including any nonrecurring income not included in the definition of gross income
6. The standard of living the child would have had if the marriage had continued
7. The physical and emotional condition of the child
8. The educational needs of the child
9. Inflation in relation to the cost of living
10. Income and financial contributions of a spouse of each parent
11. Other dependents of the parent required to pay support
12. The tax consequences of a support award
13. Any non-income-producing assets of over $10,000.00 owned by either parent
14. Whether any of the children are over 12 years old
15. The cost of transportation of any child
[Maine Revised Statutes Annotated; Title 19-A, Sections 2001 to 2009].
Residency Requirements for Divorce in Maine
Either spouse must be a resident of Maine, or the marriage or the grounds for divorce must have occurred in Maine. Otherwise, a person filing for divorce must be a resident of Maine for 6 months immediately prior to filing. The divorce may be filed for in the District Court in the county where either spouse resides. However, the defendant spouse has the right to have the proceeding moved to Superior Court.
[Maine Revised Statutes Annotated; Title 4, Section 155 and Title 19-A, Section 901].
Legal Grounds for Divorce in Maine
1. No Fault Divorce: Irreconcilable marital differences.
[Maine Revised Statutes Annotated; Title 19-A, Section 902].
2. General Divorce:
1. Impotence
2. Adultery
3. Alcoholism or drug addiction
4. Confinement for incurable insanity for 7 consecutive years
5. Desertion for 3 years
6. Cruelty or abuse
7. Nonsupport whereby a spouse is able to provide support but grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse
[Maine Revised Statutes Annotated; Title 19-A, Section 902].
Legal Separation in Maine
Legal separation will be granted if the spouses are or desire to be living apart with just cause for more than 60 days. If there are minor children, mediation between the spouses is required.
[Maine Revised Statutes Annotated; Title 19-A, Section 851].
Simplified/Special Divorce Procedures in Maine
If the divorce is not contested, testimony of a corroborating witness is not necessary.
[Maine Revised Statutes Annotated; Title 19-A, Section 901].
Divorce Mediation or Counseling Requirements
Mediation is mandatory in Maine if 1 of the spouses denies that there are irreconcilable differences or it is a contested divorce and children are involved. In addition, at any time a court may order mediation.
[Maine Revised Statutes Annotated; Title 19-A, Sections 251 and 902].
Divorce Property Distribution
Maine is an "equitable distribution" state. Each spouse retains his or her individual property, including:
1. Any gifts or inheritances
2. Any property acquired prior to marriage
3. Any increase in the value of property listed in 1 or 2 above, or property acquired in exchange for property listed in 1 or 2
The marital property is divided between the spouses after considering the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live in the home for a reasonable period of time to the spouse having custody of any children
Marital fault is not a factor.
[Maine Revised Statutes Annotated; Title 19-A, Section 953].
Alimony and Spousal Support
Either spouse may be ordered to pay a reasonable amount of alimony. The court may also order that a spouse's real estate be awarded to the other spouse for life as ali-mony. The court may also order that a lump-sum be paid to the other spouse as alimony. Marital fault is not a factor. There is a presumption that no general alimony or support be awarded if the marriage was for less than 10 years and that, for marriages lasting from 10 to 20 years, the alimony not last over one-half the length of the marriage. The court may ignore this presumption if it appears unjust or inequitable. In addition, the court may award "transitional" support for a spouse's short-term needs and/or for assistance on reentry into the workforce. The factors for consideration set out in the statute are:
1. The duration of the marriage
2. The age of the spouses
3. The standard of living established during the marriage
4. The ability of each spouse to pay
5. The employment history and employment potential of each spouse
6. The income history and income potential of each spouse
7. The education and training of each spouse
8. The provisions for retirement and health insurance benefits for each spouse
9. The tax consequences of the division of marital property, including the tax consequences of the sale of the marital home
10. The health and disabilities of each spouse
11. The tax consequences of an alimony award
12. The contributions of either spouse as homemaker
13. The contributions of either spouse to the education or earning potential to the other spouse
14. Economic misconduct of either spouse resulting in the diminution of marital property or income
15. The ability of the party seeking support to become self-supporting within a reasonable length of time
16. The effect of income from marital or non-marital property or child support payments on either spouse's need for or ability to pay spousal support
17. Any other factors the court considers appropriate
[Maine Revised Statutes Annotated; Title 19-A, Sections 851 and 951-A].
Spouse's Name After Divorce
During or after a divorce or annulment, and upon request, a spouse may have their name changed.
[Maine Revised Statutes Annotated; Title 19-A, Section 1051].
Child Custody After Divorce
Based on the best interests of the child, 3 types of custody may be awarded:
1. Responsibilities for the child's welfare are divided, either exclusively or proportionately. The responsibilities to be divided are: primary physical residence, parent-child contact, support, education, medical and dental care, religious upbringing, travel boundaries and expenses, and any other aspects. A parent awarded responsibility for any aspect may be required to inform the other parent of any major changes
2. Parental responsibilities are shared
[most or all of the responsibilities are made on the basis of joint decisions and the parents retain equal parental rights and responsibilities
3. 1 parent is granted full and exclusive rights and responsibility for the child's welfare, except for the responsibility of child support
The factors to be considered are
1. The age of the child
2. The motivation of the parents and their capacities to give the child love, affection, and guidance
3. The preference of the child, if the child is of sufficient age and capacity
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
5. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
6. The child's adjustment to his or her home, school, and community
7. The relationship of the child with parents, siblings, and other significant family members
8. The stability of the home environment likely to be offered by each parent
9. A need to promote continuity and stability in the life of the child
10. The parent's capacity and willingness to cooperate
11. Methods for dispute resolution
12. The effect on the child of 1 parent having sole authority over his or her upbringing
13. The existence of any domestic violence or child abuse
14. Any history of child abuse by a parent
15. Any misuse of "protection from abuse" orders to gain a tactical advantage in the case
16. Whether the child, if under age 1, is being breastfed
17. Any other factors having a reasonable bearing on the child's upbringing
No preference is to be given because of a parent's sex or because of the child's age or sex. In any child custody case, the court may order an investigation of the parents and child by the Department of Human Services.
[Maine Revised Statutes Annotated; Title 19-A, Sections 1501 and 1653].
Child Support After Divorce
Either or both parents may be ordered to pay child support, regardless of any marital fault. An order for support may require that a parent be responsible for an insurance policy covering the child's medical, hospital, and other health care expenses. There are official Child Support Guidelines contained in the statute. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust, inappropriate, or not in the best interests of the child under the particular circumstances in a case. There are also official child support guideline forms in use. Deviation from the guidelines is allowed under the following circumstances:
1. The non-primary residential caretaker is providing residential care over 30% of the time
2. The number of children requiring support is over 6
3. Child support, spousal support, and property division is being decided at the same time
4. The financial resources of the child
5. The financial resources and needs of each parent, including any nonrecurring income not included in the definition of gross income
6. The standard of living the child would have had if the marriage had continued
7. The physical and emotional condition of the child
8. The educational needs of the child
9. Inflation in relation to the cost of living
10. Income and financial contributions of a spouse of each parent
11. Other dependents of the parent required to pay support
12. The tax consequences of a support award
13. Any non-income-producing assets of over $10,000.00 owned by either parent
14. Whether any of the children are over 12 years old
15. The cost of transportation of any child
[Maine Revised Statutes Annotated; Title 19-A, Sections 2001 to 2009].
Monday, January 14, 2008
Louisiana Divorce Laws
Louisiana Divorce Laws
Residency Requirements for Divorce in Louisiana
The spouse filing for divorce must have been a resident of Louisiana for 12 months prior to filing for divorce. The divorce must be filed in the parish of the respondent/defendant, made in writing, signed by the party making it, and registered by the Recorder.
[Louisiana Code of Civil Procedure; Article 42].
Legal Grounds for Divorce in Louisiana
1. No Fault Divorce: That a spouse desires a divorce is a grounds for divorce in Louisiana. There are no requirements to show marital breakdown, fault, living separate and apart, or any other basis for a divorce. After the filing of the petition, the divorce will be granted after a period of 180 days has elapsed from the filing date and if the spouses have lived separate and apart since the filing of the divorce petition. Reconciliation is essentially the only defense to a divorce sought on these grounds.
[Louisiana Civil Code Annotated; Title V, Article 102].
2. General Divorce: In the case of a covenant marriage:
1. That the spouses have been living separate and apart for a period of 2 years or more on the date of filing the petition
2. that the other spouse has committed adultery
3. that the other spouse has committed a felony and has been sentenced to death or imprisonment with hard labor
4. physical or sexual abuse of a spouse or child
5. abandonment for 1 year or more
6. living separate and apart for 1 year or more after a legal separation
[Louisiana Civil Code Annotated; Title V, Article 103 and Louisiana Revised Statutes; Section 9-308].
Legal Separation in Louisiana
The grounds for legal separation (separation from bed and board) in Louisiana are the same as those for divorce from a covenant marriage (with the addition of habitual drunkeness). However, a spouse may petition the court for spousal and/or child support and restitution of separate property during a marriage. This is intended to provide for those spouses who desire to live apart, but not divorce.
[Louisiana Statutes Annotated; Article 9, Chapters 291 and 307].
Simplified/Special Divorce Procedures in Louisiana
The new no-fault divorce grounds in Louisiana are very simplified. No answer need be made by a respondent to a Petition for Divorce filed in Louisiana. In order to obtain a final Judgment of Divorce, a motion entitled "Rule to Show Cause" must be filed with the court. However, each judicial district in Louisiana may have specific individual rules pertaining to divorce actions. Please refer to the Louisiana Rules of Court for the rules in a particular judicial district. Sample forms for use in various divorce case situations (including a sample Petition for Divorce) are contained in Louisiana Forms; Forms 370+.
[Louisiana Civil Code Annotated; Article 102, Louisiana Forms; Forms 370+, and Louisiana Code of Civil Procedure; Articles 3951 to 3956].
Divorce Mediation or Counseling Requirements
If child custody is an issue, the court may require that the parents submit to mediation.
[Louisiana Civil Code Annotated; Article 131 and Louisiana Revised Statutes Annotated; Article 9, Section 351].
Divorce Property Distribution
Louisiana is a "community property" state. A spouse's separate property, consisting of property acquired prior to the marriage and property acquired by gift or inheritance, is awarded to that spouse. The community property is divided equally between the spouses. Personal property necessary for the safety and well-being of the spouse filing for divorce and any children in his or her custody (including food, eating utensils, clothing, and any other items necessary for their safety and well-being) will be awarded to the spouse filing. Either spouse may ask the court for use and occupancy of the family residence pending the final division of the community property. The court bases the temporary award of the family residence on the following factors:
1. The value of each spouse's personal property
2. The economic circumstances of each spouse at the time the division of property is to become effective
3. Needs of the children. In addition, a spouse may be awarded a sum of money for his or her financial contributions made during a marriage to the education or training of a spouse that increased the other spouse's earning capacity
[Louisiana Civil Code Annotated; Article 121 and Louisiana Statutes Annotated; Article 9, Chapter 384].
Alimony and Spousal Support
During the divorce proceeding, either spouse may be ordered to pay temporary alimony. Permanent periodic alimony may be granted to the spouse who is without fault. Such alimony shall not exceed one-third of the other spouse's income. The factors considered are
1. The effect of child custody on the spouse's earning capacity
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
3. The income, means, and assets of the spouses and the liquidity of the assets
4. The comparative financial obligations of the spouses
5. The age and health of the spouses
6. The needs of the parties
7. The earning capacity of the parties
8. The duration of the marriage
9. The tax consequences of the parties
10. Any other relevant circumstances
Permanent alimony may be revoked upon remarriage or cohabitation.
[Louisiana Civil Code Annotated; Articles 111 and 112].
Spouse's Name After Divorce
There is no statutory provision in Louisiana for restoration of a spouse's name upon divorce. Case law notes the allowance of resumption of a wife's maiden name. In addition, a person may generally petition the court for change of name.
[Louisiana Statutes Annotated; Article 13-4751 and Louisiana Case Law].
Child Custody After Divorce
Joint or sole custody is awarded based on the best interests of the child. The following order of preference is established:
1. To both parents
2. To either parent [without regard to race or sex of the parents]
3. To the person or persons with whom the child has been living
4. To any other person that the court feels suitable and able to provide an adequate and stable environment for the child
Unless shown otherwise or unless the parents agree otherwise, joint custody is presumed to be in the best interests of the child and will be awarded based on the following factors:
1. Physical, emotional, mental, religious, and social needs of the child
2. Capability and desire of each parent to meet the child's needs
3. Preference of the child, if the child is of sufficient age and capacity
4. The love and affection existing between the child and each parent
5. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
6. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
7. The wishes of the parents
8. The child's adjustment to his or her home, school, and community
9. The mental and physical health of all individuals involved
10. The permanence as a family unit of the existing or proposed custodial home
11. The distance between the poten-tial residences
12. The moral fitness of the parents
13. Any other relevant factor. The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child
The parents must submit a plan for joint custody which designates:
1. The child's residence
2. The rights of access and communication between the parents and child
3. Child support amounts
A parent not granted custody is entitled to visitation rights unless that parent has subjected the child to physical or sexual abuse. The court may order the parents to attend a court-approved parenting seminar.
[Louisiana Civil Code Annotated; Articles 131, 132, 133, and 134, Louisiana Statutes Annotated; Article 9, Section 306, and Louisiana Case Law].
Child Support After Divorce
Both parents are obligated to support any children of a marriage. The factors for consideration listed in the statute are:
1. The needs of the child
2. The actual resources of each parent
In addition, Louisiana has adopted detailed Child Support Guideline provisions which are contained in the statute. These guidelines are presumed to be correct, unless 1 of the following factors make the guidelines unjust or not in the best interests of the child:
1. Extraordinary medical expenses of the child or parent responsible for support payments
2. The permanent or temporary total disability of the parent responsible for support
3. The need for immediate or temporary support
4. An extraordinary community debt of the parents
5. That the combined income of the parents is less than that in the guideline charts
6. Any other relevant consideration
[Louisiana Revised Statutes Annotated; Article 9, Sections 302+].
Residency Requirements for Divorce in Louisiana
The spouse filing for divorce must have been a resident of Louisiana for 12 months prior to filing for divorce. The divorce must be filed in the parish of the respondent/defendant, made in writing, signed by the party making it, and registered by the Recorder.
[Louisiana Code of Civil Procedure; Article 42].
Legal Grounds for Divorce in Louisiana
1. No Fault Divorce: That a spouse desires a divorce is a grounds for divorce in Louisiana. There are no requirements to show marital breakdown, fault, living separate and apart, or any other basis for a divorce. After the filing of the petition, the divorce will be granted after a period of 180 days has elapsed from the filing date and if the spouses have lived separate and apart since the filing of the divorce petition. Reconciliation is essentially the only defense to a divorce sought on these grounds.
[Louisiana Civil Code Annotated; Title V, Article 102].
2. General Divorce: In the case of a covenant marriage:
1. That the spouses have been living separate and apart for a period of 2 years or more on the date of filing the petition
2. that the other spouse has committed adultery
3. that the other spouse has committed a felony and has been sentenced to death or imprisonment with hard labor
4. physical or sexual abuse of a spouse or child
5. abandonment for 1 year or more
6. living separate and apart for 1 year or more after a legal separation
[Louisiana Civil Code Annotated; Title V, Article 103 and Louisiana Revised Statutes; Section 9-308].
Legal Separation in Louisiana
The grounds for legal separation (separation from bed and board) in Louisiana are the same as those for divorce from a covenant marriage (with the addition of habitual drunkeness). However, a spouse may petition the court for spousal and/or child support and restitution of separate property during a marriage. This is intended to provide for those spouses who desire to live apart, but not divorce.
[Louisiana Statutes Annotated; Article 9, Chapters 291 and 307].
Simplified/Special Divorce Procedures in Louisiana
The new no-fault divorce grounds in Louisiana are very simplified. No answer need be made by a respondent to a Petition for Divorce filed in Louisiana. In order to obtain a final Judgment of Divorce, a motion entitled "Rule to Show Cause" must be filed with the court. However, each judicial district in Louisiana may have specific individual rules pertaining to divorce actions. Please refer to the Louisiana Rules of Court for the rules in a particular judicial district. Sample forms for use in various divorce case situations (including a sample Petition for Divorce) are contained in Louisiana Forms; Forms 370+.
[Louisiana Civil Code Annotated; Article 102, Louisiana Forms; Forms 370+, and Louisiana Code of Civil Procedure; Articles 3951 to 3956].
Divorce Mediation or Counseling Requirements
If child custody is an issue, the court may require that the parents submit to mediation.
[Louisiana Civil Code Annotated; Article 131 and Louisiana Revised Statutes Annotated; Article 9, Section 351].
Divorce Property Distribution
Louisiana is a "community property" state. A spouse's separate property, consisting of property acquired prior to the marriage and property acquired by gift or inheritance, is awarded to that spouse. The community property is divided equally between the spouses. Personal property necessary for the safety and well-being of the spouse filing for divorce and any children in his or her custody (including food, eating utensils, clothing, and any other items necessary for their safety and well-being) will be awarded to the spouse filing. Either spouse may ask the court for use and occupancy of the family residence pending the final division of the community property. The court bases the temporary award of the family residence on the following factors:
1. The value of each spouse's personal property
2. The economic circumstances of each spouse at the time the division of property is to become effective
3. Needs of the children. In addition, a spouse may be awarded a sum of money for his or her financial contributions made during a marriage to the education or training of a spouse that increased the other spouse's earning capacity
[Louisiana Civil Code Annotated; Article 121 and Louisiana Statutes Annotated; Article 9, Chapter 384].
Alimony and Spousal Support
During the divorce proceeding, either spouse may be ordered to pay temporary alimony. Permanent periodic alimony may be granted to the spouse who is without fault. Such alimony shall not exceed one-third of the other spouse's income. The factors considered are
1. The effect of child custody on the spouse's earning capacity
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
3. The income, means, and assets of the spouses and the liquidity of the assets
4. The comparative financial obligations of the spouses
5. The age and health of the spouses
6. The needs of the parties
7. The earning capacity of the parties
8. The duration of the marriage
9. The tax consequences of the parties
10. Any other relevant circumstances
Permanent alimony may be revoked upon remarriage or cohabitation.
[Louisiana Civil Code Annotated; Articles 111 and 112].
Spouse's Name After Divorce
There is no statutory provision in Louisiana for restoration of a spouse's name upon divorce. Case law notes the allowance of resumption of a wife's maiden name. In addition, a person may generally petition the court for change of name.
[Louisiana Statutes Annotated; Article 13-4751 and Louisiana Case Law].
Child Custody After Divorce
Joint or sole custody is awarded based on the best interests of the child. The following order of preference is established:
1. To both parents
2. To either parent [without regard to race or sex of the parents]
3. To the person or persons with whom the child has been living
4. To any other person that the court feels suitable and able to provide an adequate and stable environment for the child
Unless shown otherwise or unless the parents agree otherwise, joint custody is presumed to be in the best interests of the child and will be awarded based on the following factors:
1. Physical, emotional, mental, religious, and social needs of the child
2. Capability and desire of each parent to meet the child's needs
3. Preference of the child, if the child is of sufficient age and capacity
4. The love and affection existing between the child and each parent
5. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
6. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
7. The wishes of the parents
8. The child's adjustment to his or her home, school, and community
9. The mental and physical health of all individuals involved
10. The permanence as a family unit of the existing or proposed custodial home
11. The distance between the poten-tial residences
12. The moral fitness of the parents
13. Any other relevant factor. The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child
The parents must submit a plan for joint custody which designates:
1. The child's residence
2. The rights of access and communication between the parents and child
3. Child support amounts
A parent not granted custody is entitled to visitation rights unless that parent has subjected the child to physical or sexual abuse. The court may order the parents to attend a court-approved parenting seminar.
[Louisiana Civil Code Annotated; Articles 131, 132, 133, and 134, Louisiana Statutes Annotated; Article 9, Section 306, and Louisiana Case Law].
Child Support After Divorce
Both parents are obligated to support any children of a marriage. The factors for consideration listed in the statute are:
1. The needs of the child
2. The actual resources of each parent
In addition, Louisiana has adopted detailed Child Support Guideline provisions which are contained in the statute. These guidelines are presumed to be correct, unless 1 of the following factors make the guidelines unjust or not in the best interests of the child:
1. Extraordinary medical expenses of the child or parent responsible for support payments
2. The permanent or temporary total disability of the parent responsible for support
3. The need for immediate or temporary support
4. An extraordinary community debt of the parents
5. That the combined income of the parents is less than that in the guideline charts
6. Any other relevant consideration
[Louisiana Revised Statutes Annotated; Article 9, Sections 302+].
Sunday, January 13, 2008
Kentucky Divorce Laws
Kentucky Divorce Laws
Residency Requirements for Divorce in Kentucky
The spouse filing for dissolution of marriage must have been a resident (or a member of the armed services stationed in Kentucky) for 180 days prior to filing. The dissolution of marriage may be filed in a county where either spouse usually resides.
[Kentucky Revised Statutes; Title 35, Chapters 403.140 and 452.470].
Legal Grounds for Divorce in Kentucky
1. No Fault Divorce: Irretrievable breakdown of the marriage. A final dissolution of marriage will not be granted until the spouses have lived apart for 60 days. ("Living apart" includes living in the same house but not sharing sex).
[Kentucky Revised Statutes; Title 35, Chapter 403.170].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Kentucky.
[Kentucky Revised Statutes; Title 35, Chapter 403.140].
Legal Separation in Kentucky
Irretrievable breakdown of the marriage is the only grounds for legal separation (or divorce from bed and board) in Kentucky. The spouse filing for legal separation must have been a resident (or a member of the armed services stationed in Kentucky) for 180 days prior to filing.
[Kentucky Revised Statutes; Title 35, Chapters 403.050 and 403.140].
Simplified/Special Divorce Procedures in Kentucky
Marital settlement agreements and separation agreements are specifically authorized.
[Kentucky Revised Statutes; Title 35, Chapter 403.180]
Divorce Mediation or Counseling Requirements
If 1 spouse disagrees that the marriage is irretrievably broken, the court may delay the dissolution of marriage proceedings for 60 days and suggest the spouses seek counseling. In addition, at a spouse's request or on the court's own initiative, a conciliation conference may be ordered by the court.
[Kentucky Revised Statutes; Title 35, Chapter 403.170].
Divorce Property Distribution
Kentucky is an "equitable distribution" state. The spouses are allowed to keep their separate property (property acquired before the marriage and any gifts or inheritances). All other property (their marital property) is divided, without regard to any marital misconduct, in just proportions, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse awarded custody of any children
4. The length of the marriage
5. Any retirement benefits
[Kentucky Revised Statutes; Title 35, Chapter 403.190].
Alimony and Spousal Support
Either spouse may be awarded maintenance if:
1. That spouse lacks the property to provide for his or her own needs
2. That spouse is unable to find appropriate employment, or is unable to work because of obligations to care for children or others in his or her custody
Marital fault is not a factor to be considered. The award is then based on the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently and any share of a child support award intended for the custodian
6. The physical and emotional conditions of the spouses
[Kentucky Revised Statutes; Title 35, Chapter 403.200].
Spouse's Name After Divorce
If there are no children, and at the wife's request, the wife's maiden name may be restored.
[Kentucky Revised Statutes; Title 35, Chapter 403.230].
Child Custody After Divorce
The court may award sole or joint custody, giving equal consideration to either spouse. Custody is awarded based on the best interests of the child and on the following factors:
1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. Any evidence of domestic violence
7. Whether the child has been cared for and/or supported by a non-parent primary caregiver
8. The intent of the parent[s] in placing the child with a non-parent primary giver [ie., to avoid domestic violence, or to allow the parent to seek work or attend school, etc]
Any conduct of a parent that does not affect the relationship with the child is not to be considered. Abandonment of the family home by a parent is not to be considered if the parent fled due to physical harm or threats of physical harm by the other spouse.
[Kentucky Revised Statutes; Title 35, Chapter 403.270].
Child Support After Divorce
Either or both parents may be ordered to provide a reasonable amount of child support, without regard to any marital misconduct, and based on the official Child Support Guidelines which are contained in the statute. These guidelines are presumed to be correct, but may be adjusted based on the following considerations:
1. A child's extraordinary medical or dental needs
2. A child's extraordinary educational, job training, or special needs
3. Either parent's extraordinary needs, such as medical expenses
4. The independent financial resources of the child
5. The combined parental income in excess of the Kentucky child support guidelines amounts
6. An agreement between the parents on child support, provided that no public assistance is being provided
7. Any other extraordinary circumstance
In addition, the court may order a parent to provide health care insurance coverage for the child.
[Kentucky Revised Statutes; Title 35, Chapters 403.210 to 403.212].
Residency Requirements for Divorce in Kentucky
The spouse filing for dissolution of marriage must have been a resident (or a member of the armed services stationed in Kentucky) for 180 days prior to filing. The dissolution of marriage may be filed in a county where either spouse usually resides.
[Kentucky Revised Statutes; Title 35, Chapters 403.140 and 452.470].
Legal Grounds for Divorce in Kentucky
1. No Fault Divorce: Irretrievable breakdown of the marriage. A final dissolution of marriage will not be granted until the spouses have lived apart for 60 days. ("Living apart" includes living in the same house but not sharing sex).
[Kentucky Revised Statutes; Title 35, Chapter 403.170].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Kentucky.
[Kentucky Revised Statutes; Title 35, Chapter 403.140].
Legal Separation in Kentucky
Irretrievable breakdown of the marriage is the only grounds for legal separation (or divorce from bed and board) in Kentucky. The spouse filing for legal separation must have been a resident (or a member of the armed services stationed in Kentucky) for 180 days prior to filing.
[Kentucky Revised Statutes; Title 35, Chapters 403.050 and 403.140].
Simplified/Special Divorce Procedures in Kentucky
Marital settlement agreements and separation agreements are specifically authorized.
[Kentucky Revised Statutes; Title 35, Chapter 403.180]
Divorce Mediation or Counseling Requirements
If 1 spouse disagrees that the marriage is irretrievably broken, the court may delay the dissolution of marriage proceedings for 60 days and suggest the spouses seek counseling. In addition, at a spouse's request or on the court's own initiative, a conciliation conference may be ordered by the court.
[Kentucky Revised Statutes; Title 35, Chapter 403.170].
Divorce Property Distribution
Kentucky is an "equitable distribution" state. The spouses are allowed to keep their separate property (property acquired before the marriage and any gifts or inheritances). All other property (their marital property) is divided, without regard to any marital misconduct, in just proportions, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse awarded custody of any children
4. The length of the marriage
5. Any retirement benefits
[Kentucky Revised Statutes; Title 35, Chapter 403.190].
Alimony and Spousal Support
Either spouse may be awarded maintenance if:
1. That spouse lacks the property to provide for his or her own needs
2. That spouse is unable to find appropriate employment, or is unable to work because of obligations to care for children or others in his or her custody
Marital fault is not a factor to be considered. The award is then based on the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently and any share of a child support award intended for the custodian
6. The physical and emotional conditions of the spouses
[Kentucky Revised Statutes; Title 35, Chapter 403.200].
Spouse's Name After Divorce
If there are no children, and at the wife's request, the wife's maiden name may be restored.
[Kentucky Revised Statutes; Title 35, Chapter 403.230].
Child Custody After Divorce
The court may award sole or joint custody, giving equal consideration to either spouse. Custody is awarded based on the best interests of the child and on the following factors:
1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. Any evidence of domestic violence
7. Whether the child has been cared for and/or supported by a non-parent primary caregiver
8. The intent of the parent[s] in placing the child with a non-parent primary giver [ie., to avoid domestic violence, or to allow the parent to seek work or attend school, etc]
Any conduct of a parent that does not affect the relationship with the child is not to be considered. Abandonment of the family home by a parent is not to be considered if the parent fled due to physical harm or threats of physical harm by the other spouse.
[Kentucky Revised Statutes; Title 35, Chapter 403.270].
Child Support After Divorce
Either or both parents may be ordered to provide a reasonable amount of child support, without regard to any marital misconduct, and based on the official Child Support Guidelines which are contained in the statute. These guidelines are presumed to be correct, but may be adjusted based on the following considerations:
1. A child's extraordinary medical or dental needs
2. A child's extraordinary educational, job training, or special needs
3. Either parent's extraordinary needs, such as medical expenses
4. The independent financial resources of the child
5. The combined parental income in excess of the Kentucky child support guidelines amounts
6. An agreement between the parents on child support, provided that no public assistance is being provided
7. Any other extraordinary circumstance
In addition, the court may order a parent to provide health care insurance coverage for the child.
[Kentucky Revised Statutes; Title 35, Chapters 403.210 to 403.212].
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