Lawyers, Answer Questions  & Get Points Log In
Kentucky Divorce Questions & Answers
2 Answers | Asked in Divorce for Kentucky on
Q: I have t seen my husband in 13 years we have 3 children and I would like to get divorced, how do I go about that

He has had more children since he left me he doesn’t speak to our boys, I have heard off and on that he is strung out I don’t know for sure, he left because I didn’t want him to be a drug dealer when he came home from prison

Anna Aleksander
Anna Aleksander answered on Feb 11, 2021

You can get a divorce even if you don’t know where he is. This would be a limited type of divorce that would result in each person being a separate single individual. However issues of child custody, visitation, and property would have to be reserved for a future time when he can be found and... Read more »

View More Answers

2 Answers | Asked in Divorce for Kentucky on
Q: How do I find out if im still in the will of my deceased ex husband?
Leland Hulbert
Leland Hulbert answered on Feb 9, 2021

I would contact the family member, friend or Attorney he designated to handle his affairs.

View More Answers

2 Answers | Asked in Divorce, Family Law and Child Custody for Kentucky on
Q: Child services opened a case for drug use me and my husband are living with his mom and we are divorcing what do i do

I'm wanting to leave his moms but not without my kids as our prevention plan says we will be staying with his mother for the present time until we provide a permanent address

Timothy Denison
Timothy Denison answered on Feb 6, 2021

Get a new address. Notify prevention officer of new permanent address. Move there with your kids.

View More Answers

1 Answer | Asked in Divorce for Kentucky on
Q: Divorce Attorney filed motion to drop me as a client. What should be included in my response?
Leland Hulbert
Leland Hulbert answered on Feb 4, 2021

An Attorney and the client both have a right to end the Attorney-Client relationship at any time. You do not have to respond to the motion. You have the right to appear on the motion but unless there is something odd about your case or you have trial in a few days the Judge is likely to grant the... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Gov & Administrative Law for Kentucky on
Q: My wife had a horrible break up with her ex husband, and was not there at a custody hearing due to her ex and her father

She was never served any kind of paperwork stating the father had full custody and the ex husband filed abandonment even though he lied to keep them longer and I feel her proceedings were not handled properly and that they judge and court over stepped their bounds how do we find the order or... Read more »

Timothy Denison
Timothy Denison answered on Jan 25, 2021

Go to the courthouse where the case is filed snd order a complete copy of the file. Next, take the complete file to a family lawyer who can review the court order and tell you what has to be done to modify the prior order(s).

3 Answers | Asked in Child Support and Divorce for Kentucky on
Q: In divorce, he agrees to pay car pmt until its paid in full, then 125 a wk til child is 18, as support. Can we do that?

We have been separated since 9/27 and decided 12/12 that we're going to divorce. We are staying friends through this process. He said he would give me 125 a week in child support but i told him I'd rather he make the jeep pmt because i cant afford it by myself and if i have to let it get... Read more »

Leland Hulbert
Leland Hulbert answered on Jan 10, 2021

I would always advise to have an Attorney help prepare your agreement to make sure the Court will accept the terms. Child support is calculated pursuant to Kentucky Child Support Guidelines using the parents' income and other information. If the amount that you agree on for support is more... Read more »

View More Answers

2 Answers | Asked in Divorce for Kentucky on
Q: We bought a home after we married and I am on the deed but not the loan. During the time I remained in the home, he paid

the house payment and groceries and I was made to pay all other household bills out of my small disability check. After he put me out of our home he moved his girlfriend and her children into our home and her children damaged the upstairs tearing out walls. Am I entitled to anything on this home in... Read more »

Leland Hulbert
Leland Hulbert answered on Jan 5, 2021

It depends how long you were married and how long you lived in the home together but typically any assets and debts accumulated during the period of marriage are divided equally among the parties. If you bought the house together you would be entitled to half of the equity of the home that accrued... Read more »

View More Answers

1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on
Q: When moving to another state after divorce, how could mom get full custody of kids? All 3 are under the age of 8.

I am contemplating divorcing my husband and moving back to my home state of Florida, but I am worried he would try and take full custody of my kids. How could I get full custody?

Anna Aleksander
Anna Aleksander answered on Dec 30, 2020

In Kentucky the easiest way to achieve this would be via an agreement reached in the divorce. If there is an objection, then the Court would decide based on the best interest of the children. This determination would be made at a custody hearing. The party seeking to move must have legitimate... Read more »

1 Answer | Asked in Divorce for Kentucky on
Q: I am separated from my husband in KY. The divorce is not final but he wants me to immediately cancel my health insurance

Can he make me or can he cancel the insurace before the divorce is final? I thought there was a KY law that covers this issue but I have been unable to find it

Leland Hulbert
Leland Hulbert answered on Dec 29, 2020

I am not sure by your question if the health insurance is with his employer or your employer? You can cancel the insurance whenever you want to if it is in your name with your employer. He can't make you cancel your own insurance. You would have to inform your employer when you are... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Kentucky on
Q: Can a state make you pay, if there it is in a court document that you dont have to?

My husband has a child with his previous wife and in the divorce decree it states that they both agreed that if he doesnt try to see the child that there will be no more child support. But now we just received a Child Support review paper. What do we do?

Timothy Denison
Timothy Denison answered on Dec 12, 2020

Go to court and show them the agreement.

2 Answers | Asked in Divorce, Family Law and Child Custody for Kentucky on
Q: I'm a stay at home mom with 3 young children, if my husband wants a divorce can he take my kids from me?

He controls all the money. We only have 1 car and wants to kick me out without my kids. I'm not leaving my kids. I have 2 that are still nursing.

Leland Hulbert
Leland Hulbert answered on Dec 5, 2020

In Kentucky there is a presumption that both parents should see the children 50% of the time and both parents should have joint custody and decision-making. That presumption can be overcome if one of the parties has problems like using drugs or it is not in the best interest of the children to see... Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: If a spouse tells lies on his wife to take the kids away from her can she sue him for deframation

He claims she is crazy but she isnt I know because I am her mother

Timothy Denison
Timothy Denison answered on Oct 28, 2020

Possibly but highly unlikely in a family case.

1 Answer | Asked in Divorce for Kentucky on
Q: We are beginning divorce process. I pay mortgage & all bills. My wife is studying for real estate license, but can work

She wants me to pay maintenance until she is licensed and can sell, probably by year end. If I move out and have to pay for apartment and new bills, how would maintenance be calculated if all my income is spent on rent/mortgage/my bills/her bills? Could she be forced to get a FT job to help support... Read more »

Timothy Denison
Timothy Denison answered on Oct 4, 2020

Don’t move out. Don’t change anything and don’t pay any maintenance unless ordered to do so by the Court.

1 Answer | Asked in Divorce for Kentucky on
Q: What is the penaly in ky for driving on a supended lisence was suspended for dui
Timothy Denison
Timothy Denison answered on Sep 29, 2020

90 days in jail and 6 month license suspension for first offense

1 Answer | Asked in Divorce, Family Law and Landlord - Tenant for Kentucky on
Q: My husband and I share ownership of our house on our deed. However, my mother-in-law is also on the deed.

The property sits on an acre of land on my mother-in-laws farm. What would happen if my husband and I divorced? Since she doesn't live with us I feel as if she shouldn't have ties in the share value of the home. Also, what would happen if my mother-in- and father-in-law divorced? Would he... Read more »

Timothy Denison
Timothy Denison answered on Sep 28, 2020

Seeing the actual deed would be important, but basically you, your husband and m-I-l are either tenants in common or tenants with right of survivorship. Either way you m-I-l has a 1/3 or 1/2 interest in the property. If you and your husband divorce, she would be entitled to 1/3. If she and her... Read more »

1 Answer | Asked in Divorce for Kentucky on
Q: Been married over 9 years the last 3 have been awful. Husband filed for disability and I have supported him financially

for over 2 years even though he was abusive. Now that he has been approved and received 36,000 he won't give me a dime even though he stated he would many many times in the past 2 years and said that even if I file for a divorce I can't touch it. Is that true?

Timothy Denison
Timothy Denison answered on Sep 25, 2020

You should go ahead and file, depending on the characterization of the income, you can probably still get your share.

1 Answer | Asked in Divorce for Kentucky on
Q: How do force a divorce when he is already re-married and in another state. We’ve been separated for 11 years

He claims he filed but the state of Kentucky says there is no record of filing. He remarried in another state and I can’t afford to pay the fees

Timothy Denison
Timothy Denison answered on Sep 14, 2020

He is guilty of the crime of bigamy. Check with your local bar association or legal aid society for a pro bono or reduced fee attorney.

1 Answer | Asked in Child Custody and Divorce for Kentucky on
Q: Can I lose joint 50/50 custody of my kids if I marry someone who has been convicted on a felony in the past.

The felony was not against children. Was a drug charge. My oldest child is 14 and youngest is 8 they both like my fiancé. Ex is threatening to take me to court to keep them away from my fiancé. What steps should I take?

Timothy Denison
Timothy Denison answered on Sep 14, 2020

Possibly but not likely.

1 Answer | Asked in Divorce for Kentucky on
Q: What should I do next?

I was recently served divorce papers by my husband. We’ve been separated for a year. It is definitely not reconcilable. We bought a house using mostly funds from his 401k; but not in its entirety. He was severely mentally abusive to the point I had to see several specialists because they thought... Read more »

Timothy Denison
Timothy Denison answered on Aug 31, 2020

You need to immediately find and consult a divorce lawyer who can help you. As for what to say, start from the beginning, tell him everything, and don’t leave anything out.

1 Answer | Asked in Divorce and Appeals / Appellate Law for Kentucky on
Q: CAN I SUE MY EX FOR PERGERY

HE GAVE FALSE INFORMATION AT DIVORCE. HE FILED AND RECIEVED A CREDIET CARD IN MY NAME UNKNOWN TO ME

Timothy Denison
Timothy Denison answered on Aug 30, 2020

Yes, but probably not worth it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.