It may be that you have ongoing issues or concerns in your marriage, but are not yet ready to file for divorce. Though it is not utilized frequently, legal separation offers couples a unique resolution. If you are not yet ready to terminate your marriage by divorce, legal separation is worth exploring in an effort to protect yourself, your children and your assets under such circumstances.
In Kentucky, it is possible to seek a Decree of Legal Separation and, in doing so, your marriage ultimately remains intact. However, the accumulation of marital debt and assets ceases upon entry of Decree of Legal Separation as you and your spouse will become legally separated at that time.
During the process of seeking a Decree of Legal Separation, the parties go through the same process as if they were seeking a divorce. In doing so, the parties divide assets and debts, and work out any issues pertaining to their children, including custody, timesharing and financial support. Legal separation allows parties to live separate lives while potentially continuing to reconcile. Should the parties desire, however, to ultimately terminate their marriage, they are able to do so upon the motion of either party after one year of legal separation.
At Osborne Fletcher PLLC, we can assist you in deciding whether legal separation is the appropriate option for you. Should you decide that legal separation is the better decision for your family, our attorneys can help guide you through the appropriate division of assets and debts, and help resolve any issues pertaining to your children.