KY Bar Family Law 2 — Questions and Answers
Question 1: Under Kentucky law, what is the sole ground for dissolution of marriage?
- Irretrievable breakdown of the marriage (Correct answer)
- Adultery
- Abandonment for one year
- Cruel and inhuman treatment
Correct answer: Irretrievable breakdown of the marriage
Kentucky is a pure no-fault state; irretrievable breakdown is the only ground for dissolution under KRS 403.140.
Question 2: Before a Kentucky court may enter a decree of dissolution, the parties must have lived apart for at least how long?
- 60 days (Correct answer)
- 30 days
- 6 months
- 1 year
Correct answer: 60 days
KRS 403.170 requires the parties to have lived apart for 60 days, which may include living in the same house without sexual cohabitation.
Question 3: To file for dissolution in Kentucky, at least one spouse must have resided in the state for how long before filing?
- 180 days (Correct answer)
- 90 days
- 6 weeks
- 1 year
Correct answer: 180 days
KRS 403.140 requires residence (or military stationing) in Kentucky for 180 days preceding the filing.
Question 4: In Kentucky, how is marital property divided upon dissolution?
- In just proportions without regard to marital misconduct (Correct answer)
- Equally, 50/50 in all cases
- Based primarily on which spouse holds title
- In proportion to each spouse's fault in the breakdown
Correct answer: In just proportions without regard to marital misconduct
KRS 403.190 mandates equitable division in just proportions and expressly excludes consideration of marital misconduct.
Question 5: Which of the following is classified as marital property in Kentucky?
- The increase in value of a premarital asset attributable to a spouse's efforts during the marriage (Correct answer)
- Property acquired by gift to one spouse during the marriage
- Property inherited by one spouse during the marriage
- Property excluded by a valid prenuptial agreement
Correct answer: The increase in value of a premarital asset attributable to a spouse's efforts during the marriage
Under KRS 403.190, appreciation of nonmarital property caused by the parties' joint efforts during the marriage is marital, while gifts, inheritances, and validly excluded property remain nonmarital.
Question 6: What presumption does KRS 403.190 create regarding property acquired during the marriage?
- It is presumed marital regardless of how title is held (Correct answer)
- It is presumed to belong to the titled spouse
- It is presumed nonmarital unless jointly titled
- It is presumed to be held as community property
Correct answer: It is presumed marital regardless of how title is held
All property acquired by either spouse after the marriage is presumed marital regardless of title, and the party claiming otherwise bears the burden of tracing it to a nonmarital source.
Question 7: In Kentucky, a court may award maintenance only if the seeking spouse:
- Lacks sufficient property to meet reasonable needs and cannot support himself or herself through appropriate employment (Correct answer)
- Was not at fault in the breakdown of the marriage
- Was married for at least ten years
- Has custody of at least one minor child
Correct answer: Lacks sufficient property to meet reasonable needs and cannot support himself or herself through appropriate employment
KRS 403.200 sets a two-part threshold: insufficient property to provide for reasonable needs and inability to be self-supporting through appropriate employment (or custody of a child making outside work inappropriate).
KY Bar Family Law 2
Under Kentucky law, what is the sole ground for dissolution of marriage?