Once a person decides that he or she is ready to end his or her marriage, the question becomes where the divorce action should be filed. If the parties are residing in separate states, this can be an important, and sometimes complicated, question as the action must be filed in the proper jurisdiction. Kentucky law requires that at least one party reside in the state for at least six (6) months prior to filing a divorce action in this state. If it is determined that Kentucky is the proper jurisdiction, the next question is in which county the action should be filed.
When both parties reside in the same county, it is often presumed that the action must be filed in that county. However, that is not always the case. The issue is one of venue, which is substantially different from jurisdiction. There can be significant reasons to file in a different county. It is very important to discuss these options with an experienced family law attorney prior to filing.
Goldberg Simpson divorce attorneys from Kentucky have substantial experience in evaluating venue issues.