Same Sex Divorce in Kentucky Remains a Challenge

A Reuters report earlier this year highlighted how same-sex couples who used to be denied the right to marry until the US Supreme Court ruling, had gay rights advocates, who believe being gay is not immoral and not unnatural, up in arms until the court ruling. The first case of same sex divorce took shape last year in December when Judge Joseph O’Reilly of Jefferson County Family Court granted a divorce to two women who married in Massachusetts and moved to Louisville, Kentucky. 

Why they moved from one state to another and expected everything to work out perfectly, no one knows. Apparently no one told them that Kentucky values are different.

This case was what Kentucky divorce lawyers say many in the legal fraternity waited for to publicize since it could not be later challenged. For the most part, Judge O’Reilly’s term expired at the end of December last year. Some people including the director of Louisville's Fairness Campaign, Chris Hartman, called the state’s first same-sex divorce somberly historic.

He claimed it to be the right step towards helping the LGBT community gain full legal rights. Others like Evan Wolfson, founder of New York-based Freedom to Marry, said that it was an affirmation that gay people exist. Many others believe it was a waste of time to think about since ISIS is killing Christians in the Middle East, America’s debt is ballooning, and millions of Americans are still looking for a job.

According to divorce attorneys in Kentucky, family law issues continue to evolve at a rapid pace as courts continue to address a massive tangle of moral statutes and rules and political correctness from infecting much of America. Many issues of child custody, property division take on a new meaning after the US Supreme Court ruled same sex marriages legal which as a consequence would lead to implications in a divorce.

This includes child support, visitation rights, and custody issues that can pose a problem considering Kentucky’s statutes which are not gender neutral. The terms ‘Husband’ and ‘wife’ and ‘mother’ and ‘father’ are slowly making way for terms such as ‘spouse’ and ‘parent’. Until there is clarity on these issues in Kentucky family law, the family courts that are already backlogged could continue to face a difficult task. Disputes in a divorce could also lead to several hurdles and delays. Well, there is a solution. If you choose to be gay, do not move to Kentucky.

Stop trying to impose your values on other people. Just because the mainstream media believes it is OK does not make it so. The mainstream media did not even discuss the laws Barney Frank broke and the misdeeds of Lois Lerner.

If you believe your marriage is not doing well then perhaps it is not. If you have done everything you can do to make it better and have fallen short, you need to go right here: Divorce.USAttorneys.com. Perhaps you should not have married in the first place. That does not matter though, reality has set in and you do not want to financially blasted in this process so you need legal help to protect your interests.

Kentucky Divorce Law Basics

Meanwhile, straight couples in Kentucky do not have to go through much trouble when it comes to divorce because they are straight and this is natural proven by human history. Kentucky divorce lawyers point out that either spouse may file for divorce citing an irretrievable breakdown of the marriage. This is the only ground where neither spouse must prove that the other spouse was at fault in the marriage.

One of the requirements is that at least one spouse must be a resident of the state for at least 6 months prior to filing for divorce. The spouses must live apart for 60 days prior to the judge granting a divorce. For practical purposes, living apart could either mean that both spouses live in separate places or even if there are under the same roof they must do so without being sexually intimate.

Divorce lawyers in Kentucky also point out that the state is an equitable distribution state where marital property is divided on what is considered fair distribution and not necessarily equal distribution. The court will consider several factors before determining how property and assets are to be divided in a divorce.

If you need any help with child custody, property division, alimony, visitation rights, or any other related issues, make sure to reach out to a Kentucky divorce lawyer as soon as possible. They will not only help you understand your situation better but will also ensure that your rights are protected. If you do not think your spouse will try to take advantage of you if you are not adequately prepared for this divorce, you are about to collide with a legal haymaker and it will be coming from someone that used to love you.