Legal Question in Family Law in Kentucky

My husband has an e.p.o and dv charge on him by me- court said i have full care of are son for three years. I want to get a divorce but he's trying to say i have to go back to new jersey to do so- i've lived in ky since feb 12 and ky is where the order is- may 29th. What can i do- I' want a divorce but dont know how to go about it


Asked on 7/31/12, 10:25 pm

2 Answers from Attorneys
Andrea Welker Welker Law Office

You'll need to wait 12 more days, then you can file. Six months (180 days) is the magic number for a state having jurisdiction over the child for custody cases, and one spouse must have lived in Kentucky for six months to have jurisdiction in the divorce case.

Is your husband's DV order one of no contact? If so, he shouldn't be saying anything to you or he's committing a crime by violating the order.

If you can't afford an attorney, contact your local legal aid office. They take priority for domestic violence cases.

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Answered on 8/01/12, 5:10 am
Gregory Napier Troutman & Napier, PLLC

I agree with Andrea Walker's response and add that it is important that your child has lived here with you in Kentucky for those 180 days as well.

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Answered on 8/01/12, 5:55 am


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