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Legal Separation Steps Step 1: Meet The Residency Requirements. Step 2: Seek The Help Of An Attorney. Step 3: File The Petition. Step 4: Serve Your Spouse. Step 5: Negotiate The Terms. Step 6: Finalize The Agreement. Step 7: Attend The Final Hearing.
To do so, a petition for legal separation needs to be filed with the court. It must state why the spouses can no longer live together. In addition, at least one spouse must have residency in Kentucky for half a year before the petition is filed, as well as residency in the county in which the petition is filed.
Contact your local Kentucky district clerk of court to obtain motion forms. The clerk will provide you with a general form that you must complete.
There is a 60-day waiting period from the time you file your request to when the judge can approve or deny it. (K.R.S. 403.044.) During this time, you and your spouse can negotiate the terms of your separation, like property division, child custody, child support, and spousal support (alimony).
Spouses may petition for legal separation in the county family court where either spouse has lived for at least 180 days. The petition should include the reason for the separation and show that it is no longer viable for the two to live together.
They may include: Separation Maintenance: Separation maintenance is similar to divorce maintenance (alimony) and child support. Child Custody: The court in legal separation determines child custody and child visitation. Property Division: Marital property is considered anything you owned jointly before the separation.