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Kentucky Dissolution of Marriage Findings of Fact and Conclusions of Law

State:
Kentucky
Control #:
KY-SKU-0023
Format:
PDF
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Description

Dissolution Of Marriage Findings of Fact and Conclusions of Law

Kentucky Dissolution of Marriage Findings of Fact and Conclusions of Law is a legal document used to finalize a divorce in Kentucky. This document details the facts and legal conclusions of the divorce case and is used to document the division of marital assets, debts, and other items related to the dissolution of the marriage. This document is issued by the court after the completion of the divorce proceedings. The Findings of Fact and Conclusions of Law, also known as a Final Decree of Dissolution of Marriage, sets forth the court's decision on issues such as child custody, child support, alimony, division of property, and other matters. There are two types of Kentucky Dissolution of Marriage Findings of Fact and Conclusions of Law — the temporary and the final. The temporary Findings of Fact and Conclusions of Law are issued by the court at the beginning of the divorce process, while the final version is issued at the conclusion of the divorce proceedings. The temporary version is used to outline the court's initial decisions on the issues of the divorce case, while the final document outlines the court's final decisions and orders.

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FAQ

Because Kentucky is a no-fault divorce state, a Kentucky judge won't recognize fault-based grounds for divorce. Therefore, the judge will not consider whether adultery has occurred in your marriage when deciding whether to grant the divorce.

In Kentucky, when you end a marriage through the courts, it is called a dissolution of marriage. This is another name for divorce. In these questions, we use the term divorce, but it is important that you remember that the legal process is called dissolution of marriage.

Marital Misconduct & Alimony Although marital misconduct, like adultery, will not affect child custody, or division of assets, it may affect the amount of alimony awarded.

In Kentucky, you can get a divorce if your marriage is irretrievably broken, which is a no-fault divorce. The divorce will be granted whether one or both parties agree. The divorce decree cannot be issued until the couple has lived apart for at least 60 days.

Dissipation of Marital Assets Marital asset dissipation occurs when one spouse has consumed, given away or otherwise transferred, mismanaged, converted, or otherwise adversely affected property that, had it been before the court, would have been subject to equitable distribution.

In Kentucky, the grounds for divorce are ?no-fault.? To file for divorce in Kentucky, neither party has to show that the other party is at fault, such as adultery. The Kentucky court is required to make a finding that the marriage is irretrievably broken before the court can enter a decree for a divorce.

Adultery can affect the amount and duration of the award. Fault on the part of the payor spouse will not affect a spousal maintenance award but adultery can affect the amount and duration of the award. Being a victim of an adulterous spouse does not entitle a spouse to additional spousal maintenance.

While cheating and adultery will not affect your ability to divorce, it certainly can determine if the divorce no-fault or fault. Additionally, adultery can also have an impact on the decisions made during the divorce process, including alimony and property division.

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Kentucky Dissolution of Marriage Findings of Fact and Conclusions of Law