# Do I have any worthwhile legal options in this situation?



## Confused99 (Jul 29, 2010)

Do I have any worthwhile legal options in this situation? I separated frommy husband in February of 2012 and have been a resident of the state of Kentucky since March 2012. Prior to this lived with husband in California where we got married. We have no children and just a couple of joint loans (one car one personal loan) and a couple of separate loans (car, credit card, school). Wanted to do a self help divorce and just divide our joint loans by giving them to who the loan was for. Husband won't sign the papers so I got mad and said I'd go to court and ask for 50/50 but on the Kentucky divorce website it says if the spouse never lived here the judge can't divide property. My husband went to school here for several years but never was a resident, so why should I get a lawyer i f nothing can be done? Also, am I just screwed if we get divorced and he doesnt make his car payment since the judge can't order him to take my name off? What options do I have?? Any??


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## arbitrator (Feb 13, 2012)

Confused99 said:


> Do I have any worthwhile legal options in this situation? I separated frommy husband in February of 2012 and have been a resident of the state of Kentucky since March 2012. Prior to this lived with husband in California where we got married. We have no children and just a couple of joint loans (one car one personal loan) and a couple of separate loans (car, credit card, school). Wanted to do a self help divorce and just divide our joint loans by giving them to who the loan was for. Husband won't sign the papers so I got mad and said I'd go to court and ask for 50/50 but on the Kentucky divorce website it says if the spouse never lived here the judge can't divide property. My husband went to school here for several years but never was a resident, so why should I get a lawyer i f nothing can be done? Also, am I just screwed if we get divorced and he doesnt make his car payment since the judge can't order him to take my name off? What options do I have?? Any??


Kentucky, from my research, is not a community property state, thus it's rather probable in that respect that each will have to incur their own individual debt.

The biggest question here is meeting Kentucky's legal residency requirement which presumably is 12 months of continuous presence. That would mean that you probably couldn't even initiate a divorce action until such time that that span of time had passed.

Having said that, it would greatly behoove you to visit with legal counsel there, to explore your options. And most attorney's would be more than happy to give you either a _gratis_ or a low-cost initial visit.


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## Pluto2 (Aug 17, 2011)

Were any of the loans taken out while you lived in Kentucky? Has he been paying any type of support? These can impact jurisdiction.


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