The question of when to file a divorce is both a legal question and a practical question.
Legally, if you want to file a divorce action in the Commonwealth of Kentucky, the Court must have jurisdiction to hear your case. At the most basic level, you must meet the KRS 430.140 residency requirement “that one (1) of the parties, at the time the action was commenced, resided in this state, or was stationed in this state while a member of the armed services, and that the residence or military presence has been maintained for 180 days next preceding the filing of the petition.” There may be additional jurisdictional considerations including the presence of domestic violence, minor children, or location of your assets. If you are ready to determine when and where to file your divorce, you may want to speak with legal counsel.
Practically, there are numerous considerations that go into the filing of a divorce action. We have written before about the impact filing first might have on your case. Other considerations include your present financial circumstances, impact of the divorce on minor or adult children, safety concerns, and your emotional readiness to start the divorce process. You may want to consider meeting with an attorney before you are fully ready to file a divorce to obtain information about the divorce process. We have attorneys who can assist clients with pre-divorce planning and answer questions about what a divorce would entail.
