The husband and wife agree that this agreement should be governed and interpreted in accordance with the laws of the Commonwealth of Kentucky. Divorce, sometimes called dissolution or separation without dissolution, is the process of terminating a marriage through formal legal proceedings. It both ends and creates new legal obligations. Kentucky has no guilt divorce, which means no one is responsible for the breakdown of the marriage. Kentucky simply requires at least one party to believe that there is an « irreparable collapse » of marriage with no hope of reconciliation. See krS 403.025 and KRS 403.170 (Kentucky Revised Statutes). CONSIDERING that we consider each other to be a final provision on the matrimonial issues dealt with here and that we expect that this agreement to be included in every decree of dissolution of Marriage. The parties are expected to rehabilitate a separation. If you feel that a divorce would be the right idea, the court will generally grant a divorce. The Marital Separation Agreement in Kentucky is designed with the idea that a couple agrees.
If there is a disagreement, the court will not issue a separation order. There are usually many reasons for a couple to opt for a legal separation, including religious and ethical beliefs. If a couple accepts that divorce is not the right thing to do and is willing not to remarry at least for the period they are defending, marital separation is the only other option. Some are held together by things over which they may have little or no control, including common health insurance. In general, the courts are evenly distributed in matrimonial property. However, a court may grant a spouse a disproportionate share of the matrimonial patrimony after taking into account the facts of the case. The court will consider factors such as each spouse`s income, support and non-marital wealth that contributed to marital property, the spouse who will remain in the matrimonial home if there are children and if a spouse has improperly destroyed or wasted marital property. KRS 403.190. Under the law, the party that aspires to separation must file the Kentucky Marital Separation Agreement and then submit the citation and petition to the other party. If the man and the woman agree on the content of the agreement, they must file the same thing in court to take further action. It is only when the judge has made the decision that a legal separation order is issued to the couple, valid for 365 days from the date the order comes into force. The parties remain married and can only request the dissolution of the marriage after the expiry of a period of 365 days.
Once an application for divorce or dissolution has been filed, the court must apportion the property and debts between the parties. If the parties have children together, there must be a child care, education and child care regime. KRS 403.180. If the parties fail to agree on the terms of a separation agreement, the court will make those decisions to the courts.