Kentucky Arbitration Agreement for Divorce
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FAQ
Kentucky is in the majority as an equitable distribution or common law state. This means marital property isn't automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce.
Kentucky Circuit Court judges typically require that the parties go to mediation prior to allowing the parties engaged in litigation to have a trial date. This is generally the practice, for example, in Boyd, Greenup, and Carter Counties.
During an arbitration hearing, the arbitrator will listen as the parties present evidence, may ask questions of the parties and their witnesses, and may schedule more time for a party to submit evidence that the arbitrator thinks is necessary to prove or disprove a claim.
Overview of Kentucky Alimony LawsAlimony isn't awarded in every case. A judge will award alimony only when both the following statements are true: the supported spouse lacks sufficient property, including marital property awarded in the divorce, to reasonably provide for the spouse's individual needs, and.
Arbitration typically provides a speedier resolution than proceeding in court. The limited right to appeal arbitration awards typically eliminates an appeal process that can delay finality of the adjudication.
Kentucky is a No-Fault Divorce State As a no-fault divorce state, family court judges in Kentucky usually have no interest in hearing about a cheating spouse's misconduct.
Arbitration could work to resolve your divorce if you have an issue or two on which you did not agree. It would be a cheaper option than a divorce trial with less hostility. Before you opt for a divorce trial, work with your family law attorney to explore all possible ways to settle your case.
An arbitrator can make decisions in your divorce and keep you out of divorce court. In arbitration, you and your spouse agree that you'll hire a private judge, called an arbitrator, to make the same decisions that a judge could make, and that you will honor the arbitrator's decisions as if a judge had made them.
200b200b200b200b200bMediation is an informal process in which a neutral third person called a mediator facilitates the resolution of a dispute between two or more parties. The process is designed to help disputing parties reach an agreement on all or part of the issues in dispute.
The arbitrator's final decision on the case is called the award. This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.
