Legal Question in Family Law in Kentucky

Jurisdiction for divorce

I am trying to find some information out for my sister-in-law. My brother is divorcing her and things don�t seem right. They have three children together, my brother left their home 06/01/05 and moved in with another female he is in a relationship with (though my sister-in-law is not fully aware of that). My brother moved to Louisville supposedly to pursue a job opportunity. He has lived in Kentucky for about 6 months now and just about a month ago re-enlisted into the military service. My sister-in-law lives about 10 hours away in another state. My brother has only recently within the last 2 months started calling his kids once a week and has only come to see them once since he left. He has been inconsistent in providing monetary support for his family and it has been very minimal. My questions are:

* Is my brother under Kentucky jurisdiction or Iowa (where my sister-in-law lives) for this divorce? He filed for divorce in Iowa after living in Kentucky for more than 180 days and still claims residency in Iowa. Does He have to file in Kentucky? I do not think his claiming residency in Iowa is valid.

* Could any of the divorce proceedings fall under Kentucky law and would there be any grounds for family abandonment or desertion


Asked on 12/09/05, 10:48 am

2 Answers from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Jurisdiction for divorce

You cannot get the information you need without consulting a local attorney. If you live in Iowa, see someone there. Generally, in Kentucky, your brother would have enough time to claim residency. Whether or not a Court would accept his claim is another issue. Whether or not a residency and jurisdiction fight would be worth it is something that only a full review can flesh out. At the moment, he has filed and I am assuming that your sister-in-law has received some sort of notice. In that case, SHE HAS TO SEE SOMEONE NOW OR SHE STANDS A CHANCE OF LOSING ANY OBJECTIONS. She only has a limited number of days or she may lose and have to comply with an incomplete Kentucky or Iowa judgment.

Read more
Answered on 12/09/05, 11:11 am
Robert Luedeman solo practitioner

Re: Jurisdiction for divorce

I concur with my colleage from Kentucky.

Read more
Answered on 12/09/05, 12:42 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kentucky