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Kentucky does not recognize common law marriage. If you are ending a relationship that seems like a common law marriage, you can only file for divorce if your relationship began in a state that allows it. Still, you have legal options when separating from a live-in partner, especially if you have children or shared property.
Family court can help with child custody and child support. Contract, business, and property laws may also protect your finances during a breakup. It is important to know your rights and get the right legal advice.
Pamela C. Bratcher, Attorney at Law, has offered caring and clear legal help for over 30 years. If you are going through a breakup after a common law-style relationship, she can help protect your interests.
Are you breaking up in Kentucky after a common law-style relationship? You still have rights. Pamela Bratcher brings over 30 years of caring legal guidance.
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Is Kentucky a Common Law State?
No, Kentucky does not recognize commonNo, Kentucky does not recognize common law marriage. A common law marriage is when couples live together and act as if they are married, but do not get a marriage license or have a formal ceremony. Common law marriages and Kentucky are not among them. Couples in Kentucky who claim a common law marriage do not receive the same legal rights and protections as legally married couples.
While unmarried couples may choose to live in domestic partnerships, Kentucky law does not provide automatic legal protections without proper estate planning. To be legally married in Kentucky, couples must obtain a marriage license and participate in a legal ceremony.
Do You Have to File for Divorce from a Common Law Marriage?
In most cases, no. In most cases, no. If your relationship started and stayed in Kentucky, you likely do not need to file for divorce to end it. Since Kentucky does not recognize common law marriage, divorce may not be possible.If you have children with your partner, you'll likely need to go to family court. The court will:
- Make custody decisions based on your child's best interests.
- Calculate child support obligations based on the number of children, custody arrangements, and combined income.
If your relationship began or continued in a state that recognizes common law marriage, you may need to file for divorce or separation to officially end it. In those cases, the court will handle:
- Property division
- Child support
- Child custody
- Spousal support
Even if divorce is not possible, couples ending common-law-style relationships have other legal ways to get support during their breakup.
How Long Do You Have to Be Together for Common Law Marriage? There is no time requirement because Kentucky does not recognise common law marriage. Simply living together, regardless of the duration, does not constitute a legal marriage in Kentucky. You are only legally married if you get a valid Kentucky marriage license and have a formal ceremony.a ceremony.
Legal Options for Ending an Unrecognised Common Law Marriage
Even though Kentucky does not recognise your common law marriage, you still have legal rights. Couples who separate after a common-law-style relationship can go to court for child custody and child support orders.
Besides issues involving children, you may have other legal options:
Property Rights: If you and your partner own property together, you may have contract or property rights that a civil court can help with.
Business Rights: Depending on how you and your partner handle your finances, you might have extra protections under Kentucky's business laws.
Knowing these rights is important for protecting your interests during a breakup.
We Can Champion Your Rights
No matter what kind of relationship you have, the Law Office of Pamela C. Bratcher can help protect your rights during a breakup. Attorney Pamela Bratcher has a lot of experience in many legal areas and has been helping clients since 1988.
To set up a consultation, contact our firm online or by phone.