In Kentucky, a “divorce from bed and board” is a form of legal separation. It can be an ideal solution for couples experiencing marital problems but do not want to break up for good just yet. If you find yourself in a similar situation, the court-ordered time living apart can be beneficial in resolving your conflicts while staying legally married to your spouse.
What divorce from bed and board is
A divorce from bed and board does not dissolve your marriage, it simply alters your spousal responsibilities and living arrangements. You can both create rules around finances and parenting time while maintaining certain benefits from staying married. This includes health insurance coverage and reduced taxes. You may find this option helpful if you need time to find out if divorce is the right path for your future.
Requirements for submitting a petition
Before filing for a divorce from bed and board, you or your spouse must have been a resident of Kentucky or be stationed there for at least 180 days. Moreover, the law requires you to live apart for at least 60 days before submitting the petition. If you are still living in the same home, you must show you have not been living as a married couple for those 60 days.
How the process works
The process begins with filing a petition for legal separation in the circuit court of the county where you both reside. The request must state that your marriage is irreparably broken and that you have a mutual desire to live separately.
Much like a full divorce, you need to reach agreements on child custody and support, spousal maintenance and property division. After reviewing the case, the judge will issue an order that binds both you and your spouse to the terms.
If you both decide to reconcile, you can end the separation agreement and continue your marriage. Otherwise, you can convert the decree into a final divorce after waiting at least one year. A legal professional can help you weigh your options when you are ready to move forward.
Reflecting on the future
Living apart does not necessarily mean ending your marriage. A divorce from bed and board can give you and your spouse ample space and time to figure out your next steps. Separating may be the best decision you can make now while preparing for the impact of your final decisions later.