Legal Question in Family Law in Kentucky

Re: separation -vs- divorce

There are 3 differences: 1) in a legal separation, you cannot marry someone else, 2) a legal separation can be waived by living back together in a marital relationship (sharing a bed/having sexual relations) and 3) it can be either terminated or converted to a divorce whereas a divorce is final. Many attorneys will not do legal separations. I have filed a number of them because they keep give room for healing.

Re: separation -vs- divorce

A legal separation is similar to a divorce, but without a final dissolution of the marriage. Legal separations may settle matters such as custody, visitation, maintenance, support, and certain property division.

Legal separations are rarely used in Kentucky any more, except in cases where the parties are attempting reconciliation, or where one or more of the parties has a religious objection to divorce.

If a baby is conceived or born during your marriage, the law presumes that you are the natural father. This presumption can be rebutted with a simple DNA test.

You are best advised to seek the advice of a lawyer who has some experience in family law. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291