Family Law
Family Law tests marriage, dissolution, property division, maintenance, child custody, child support, and domestic violence under Kentucky statutes. The core provisions are KRS Chapter 403, with custody in KRS 403.270 and support guidelines in KRS 403.212.
Marriage and dissolution
Kentucky does not recognize common-law marriage formed in Kentucky, though it may recognize a marriage valid where celebrated. Dissolution requires irretrievable breakdown under KRS 403.170; Kentucky is a no-fault divorce state. A decree incorporates a separation agreement unless the court finds it unconscionable.
Property division
KRS 403.190 requires equitable distribution of marital property, not necessarily equal division. Nonmarital property includes property acquired before marriage, by gift, or by inheritance, and must be traced. Increase in value of nonmarital property may be marital to the extent attributable to marital effort.
Maintenance
KRS 403.200 authorizes maintenance after considering the standard of living, duration of marriage, age, health, earning capacity, and ability to pay. Maintenance may be rehabilitative or lump sum; fault is not the governing criterion.
Custody and support
KRS 403.270 uses the best interests of the child, considering stability, caretaking, and domestic violence. Kentucky presumes joint custody is in the child's best interest in appropriate cases. Child support follows the KRS 403.212 guidelines based on parental income and parenting time.
Worked example
Wife owned a home before marriage; during marriage, husband used marital funds for a substantial addition. On dissolution, wife claims the home is entirely nonmarital. The addition and resulting appreciation may be marital to the extent marital funds and effort produced them, so the court should classify and trace before distributing.
Traps
Assuming equal division is required; failing to trace commingled funds; treating fault as controlling maintenance; ignoring the domestic violence factor in custody.