Knowing when to file for a divorce can be a difficult decision to make. A divorce is the absolute dissolution of a marriage that impacts your emotions, custody arrangements, and even your finances.
While nobody can pinpoint when you’re emotionally ready to start divorce proceedings, there are some specific prerequisites to consider before filing.
Residency Requirement
Kentucky requires that at least one party in a divorce is living in the state. Furthermore, one spouse must have lived in Kentucky for at least six months before filing.
If you did not establish legal residency on the day you moved to Kentucky, you might be able to show the courts you’ve lived here with:
- Signed lease or purchase contract of a home.
- Verification of employment in Kentucky.
- Registration and proof of children enrolled in school.
Another aspect to consider during the divorce process is living arrangements. Before making a divorce final, you and your spouse must live apart for at least 60 days.
Division of Assets
This area can get tricky, especially if both parties do not amicably agree on the divorce. At a minimum, know the marital assets that will be divided during the divorce. An attorney can help with any disagreements, but you should have a starting point.
One Last Consideration
Suppose your marriage is ending based on an unsafe situation. In that case, you may want to file additional documentation, such as an order of protection. If you’re ending an unsafe relationship, you may need to address those concerns early on. Your legal team can take additional safeguards to protect you during the process and help locate other aid resources. Domestic violence in a relationship isn’t something to put off dealing with if possible.
