When Should You Consult with a Separation Attorney in KY?
Musselwhite, Meinhart, Staples & Hafley are Experienced Legal Separation Attorneys in Radcliff, Serving Elizabethtown, Hardin County and Surrounding Counties with Kentucky Separation and Divorce Decisions
When Kentucky couples are seriously considering legal separation or divorce, and have determined that reconciliation is not possible, an experienced Kentucky separation attorney should be consulted. As it is with MMS&H, many separation and divorce attorneys offer a free initial consult which can immediately avoid regrettable decisions at no cost. The following are general guidelines about legal separation in Kentucky, but every case is unique and personal, and always worth the free consult.
What is Legal Separation in Kentucky, Compared to a Trial Separation? And, is a Kentucky Separation Attorney Needed in Either Situation?
Either partner (i.e., either one, not necessarily both) needs to be a Kentucky resident for at least 180 days, and both partners have to live apart for at least 60 days, to file for Legal Separation under Kentucky Law, K.R.S. § 403.150. Either partner could then file for Legal Separation with a local court (i.e., city or county), but both partners need to agree to proceed. If either partner does not agree with separation, or if one of the partners wants to go straight to divorce, the filing for legal separation would not move forward. If moving forward, the filing for legal separation would need to prove that efforts were made to reconcile differences, but that the relationship is determined to be “irretrievably broken”. After filing for the separation, the judge has up to 60 days to approve or deny it.
During the 60-day waiting period, the couple can work on the terms of the separation, such as division of property, child custody and child support. At any time, this documentation can be added to the filing. The 60-day waiting period is also the ideal time for the couple to continue trying reconciliation, therapy, counseling for children, and all other efforts in the best interests of all involved. Re-marrying during this time, or even after a separation is approved, is not legal, as the couple is still legally married.
Why would the couple benefit from consulting a Kentucky Legal Separation Attorney? And when would a “Trial Separation” be preferable? First, the terms of the separation (i.e., child custody, visitation, etc.) can get extremely complicated, but in the middle of so much emotional trauma, an experienced Separation Attorney can help the couple organize their decision making, and make them aware of decisions that have future consequences (or not) under law.
A Trial Separation, defined by the couples own terms and not requiring any court filings, may seem preferable to couples who want some space and time apart, but they do need to understand the consequences of their decision, and they do need to define some terms, especially the timeframe of their trial separation. While a Trial Separation can have the most benefits for couples who want to work on reconciliation and/or fully understand the terms of separation and divorce, there are also risks they may not realize. For example, if either partner accrues new debt or gains during a Trial Separation, the debts and gains are still shared by the other partner. There are many options, including Trial Separation in the same home, which of course requires even more definition of space as well as time. Even without any court filings, or especially without any court filings, couples do benefit from initially consulting with an attorney, by understanding the differences, benefits, risks and consequences of Trial Separation vs. Legal Separation … as well as the impact of each if expecting a divorce. In short, it is always preferable to be knowledgeable rather than regretful in separation and divorce decisions, particularly when children are involved.
Though it may seem tempting to take the “do-it-yourself” approach to Legal Separation or Trial Separation, there will be many critical unknowns at stake. Any Hardin County couples considering their separation and divorce options will benefit from a free consult with the Radcliff Divorce and Separation attorneys, Musselwhite Meinhart Staples & Hafley, to at least understand the differences and main consequences of their options. Contact Us any time, and you will find compassionate, experienced help.