Kentucky Divorce Attorney

Divorce Help in Carlisle, Paris, and Nearby Counties

Deciding to end a marriage is hard, and the legal side can feel like one more thing to carry. The Law Office of Andrea N. Bussell, PLLC helps people across twelve Kentucky counties work through divorce, from the first questions to the final decree. Our offices are at 106 East Main Street in Carlisle and 322 Main Street in Paris, and we represent clients in Nicholas, Bourbon, Harrison, Fleming, Mason, Montgomery, Bath, Pendleton, Bracken, Scott, Fayette, and Woodford counties.

Kentucky law calls divorce a dissolution of marriage. Under KRS 403.140, the Circuit Court enters a decree when the residency requirement is met, the marriage is irretrievably broken, and the court has dealt with custody, child support, maintenance, and the division of property to the extent it has jurisdiction to do so. Kentucky does not require either spouse to prove fault.

Contested and Uncontested Divorce in Kentucky

Uncontested Divorce

An uncontested divorce is one where both spouses agree on every issue. KRS 403.180 allows spouses to sign a written separation agreement covering maintenance, the division of property, and the custody, support, and visitation of their children. The terms about property and maintenance are binding on the court unless the court finds the agreement unconscionable. The terms about children are different: the court reviews those and is not bound by them.

Contested Divorce

A divorce is contested when the spouses disagree about one or more issues, such as the house, a retirement account, maintenance, or the parenting schedule. If nothing settles, the judge decides after a hearing. If one spouse denies under oath that the marriage is irretrievably broken, KRS 403.170 allows the court to continue the matter for 30 to 60 days, suggest counseling, and order a conciliation conference before it makes that finding.

Many cases begin with disagreement and settle along the way. We cannot tell you in advance which way your case will go, but we can help you see what each choice may mean for you.

Divorce With Children: Custody, Parenting Time, and Support

KRS 403.140 does not allow the court to enter a decree until it has considered, approved, or made provision for child custody and the support of any child of the marriage.

Child support in Kentucky is figured under the guidelines in KRS 403.212, which start from the parents' combined monthly adjusted gross income and the number of children. Even if you and your spouse agree on custody and support, the court still reviews those terms, because KRS 403.180 says agreements about children do not bind the court the way property terms do.

There is also a timing rule that only applies to families with minor children. Under KRS 403.044, in a divorce with minor children of the marriage, no testimony other than on temporary motions can be taken until 60 days after service of the summons, the appointment of a warning order attorney, or the other spouse's entry of appearance or responsive pleading, whichever happens first.

Our child custody page goes deeper into divorce and custody issues, including parenting time and modification.

Property, Debt, and Finances

Kentucky divides property using what is often called equitable distribution. KRS 403.190 tells the court to assign each spouse his or her own nonmarital property and then divide the marital property in just proportions, without regard to marital misconduct. The statute does not say equal. It lists factors the court considers, including:

• each spouse's contribution to acquiring the marital property, including contribution as a homemaker
• the value of the property set apart to each spouse
• the length of the marriage
• each spouse's economic circumstances when the division takes effect, including whether the spouse with custody of the children should have the family home or the right to live there for a reasonable time

Property acquired by either spouse after the wedding is presumed to be marital, no matter whose name is on the title. That presumption can be overcome by showing the property falls into an exception, such as a gift or inheritance received by one spouse, property traded for something owned before the marriage, property excluded by a valid agreement, or an increase in value of premarital property that did not come from either spouse's efforts during the marriage.

Maintenance is handled under KRS 403.200, which sets a two part test before any award and then lists factors for the amount and length, including the standard of living during the marriage, the length of the marriage, and the other spouse's ability to pay. The FAQ below explains the test.

Residency and Waiting Period Basics

Two timing rules come up in almost every first meeting. First, KRS 403.140 requires that one spouse lived in Kentucky, or was stationed here as a member of the armed services, for the 180 days just before filing. Second, KRS 403.170 says no decree will be entered until the spouses have lived apart for 60 days, and living apart can include living under the same roof without sexual cohabitation.

Those are minimums, not a schedule. For a fuller explanation, read our guide to the Kentucky divorce waiting period and residency rules.

Familiar With the Courts in Our Service Area

Before founding the firm in 2020, Andrea N. Bussell worked with the Kentucky Court of Justice from 2010 to 2018. She is a family law attorney and a trained family mediator. Associate attorney John DeRossett, admitted in 2021, also handles family law, divorce, and custody matters.

Our practice is centered on the counties listed below, and their local procedures are a regular part of our work. No attorney can promise how a judge will rule. What we can offer is steady preparation and clear explanations at each step.

When Mediation May Help

Mediation gives spouses a structured way to work out the terms of a divorce with a neutral person in the room. It can help when you can still talk and want more say in the outcome. An agreement reached in mediation can become the written separation agreement that KRS 403.180 allows.

Mediation is not right for every family. It may not be a good fit when there is a history of abuse or when one spouse cannot speak freely. Andrea is a trained family mediator, and you can learn more about mediation for divorce on our mediation page.

What to Bring to a Divorce Consultation

You do not need everything on this list for a first meeting, but the more you bring, the more useful the conversation will be.

• your marriage date and the date you and your spouse separated, if you have
• recent pay stubs and the last two or three years of tax returns
• bank, retirement, and investment account statements
• mortgage, deed, vehicle title, and loan information
• a list of credit cards and other debts with current balances
• any prenuptial or postnuptial agreement
• children's names, ages, schools, and your current parenting routine
• any court papers you have already received, such as a petition or summons
• a short list of your questions and what matters most to you

Frequently Asked Questions About Divorce in Kentucky

Divorce Help Across Our Twelve Counties

We represent divorce clients in the circuit courts of each county below from our offices in Carlisle and Paris. Choose your community to learn more.

Talk With Us About Your Kentucky Divorce

Twelve counties served. Offices in Carlisle and Paris.

Complete the secure divorce intake form to give us the facts of your situation, or call to speak with our office.

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