Legal Question in Family Law in Kentucky

Kentucky Jurisdiction
My husband and his ex-wife were married in Kentucky, which is where she is from and where he was stationed at the time. Four years later she filed for divorce (4 years ago). She filed her divorce through Kentucky although it was not her current place of residence nor where he was stationed. He was stationed in Louisiana which is where she was living at the time. His ''Legal Residence'' per the Army was Illinois. Prior to moving to Louisiana, she had established legal residence in Illinois, with his family, for over a year while he was in Korea. She chose to live in Illinois and not Kentucky. She had not lived in Kentucky for a couple of years when she filed for divorce. Their child, whose custody and child support was arranged in the Kentucky divorce, was born in Texas and had NEVER even lived in Kentucky. Also, when she filed for divorce, she was still living with my husband. (He said that she was using his tour in Korea as their 60 day separation I said I was not so sure she could do that, then go live with him for 6 weeks before filing for divorce and continue living with him for a period of time during the divorce.)

Did Kentucky have jurisdiction in this case? Or was it a Louisiana/Illinois matter?

Asked on 5/02/07, 7:54 pm

Gregory Napier Troutman & Napier, PLLC

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Re: Kentucky Jurisdiction

Based on what you describe and Kentucky jurisdiction law, Kentucky did not have jurisdiction. It appears proper jurisdiction was Illinois.

Answered on 5/03/07, 10:05 am

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