{"id":373563,"date":"2016-03-31T21:35:22","date_gmt":"2016-04-01T02:35:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kentucky-law\/kentucky-legal-requirements-for-divorce.html"},"modified":"2024-09-06T17:18:05","modified_gmt":"2024-09-06T22:18:05","slug":"kentucky-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kentucky-law\/kentucky-legal-requirements-for-divorce.html","title":{"rendered":"Kentucky Divorce Laws"},"content":{"rendered":"\n
\n \n
\n

Kentucky Divorce Laws<\/h1>\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Some marriages end in divorce. It’s a fact. Unfortunately, very few people know how the divorce process<\/a> works. To see what you’re up against, you must familiarize yourself with Kentucky divorce laws.<\/p>\r\n

Here, we’ll summarize the important divorce laws in Kentucky. We’ll also briefly explain how the Kentucky courts handle such issues as alimony, child custody, and property division.<\/p>\r\n

If you still have questions about your divorce case, it’s best to consult an experienced Kentucky divorce attorney<\/a>.<\/p>\r\n

Kentucky Divorce Laws at a Glance<\/b><\/h2>\r\n

Every state has unique divorce laws. You should learn about these laws before filing your divorce petition.<\/p>\r\n

The following table explains the main highlights of Kentucky’s divorce laws<\/a>.<\/p>\r\n\r\n

Code section<\/p>\r\n<\/th>\r\n

Kentucky Revised Statutes Chapter 403 \u2013 Dissolution of Marriage and Child Custody<\/a><\/td>\r\n<\/tr>

Residency requirements<\/p>\r\n<\/th>\r\n

At least one spouse must be a resident of the state or stationed at a military base in Kentucky and have been residing or present in the state for at least 180 days<\/a> before filing for divorce.<\/td>\r\n<\/tr>

Waiting period<\/p>\r\n<\/th>\r\n

Divorcing spouses must be without sexual cohabitation for 60 days before filing the divorce petition. The separation is required before a petition for dissolution can be filed. A divorce can’t be finalized for 20 days after service on the respondent in divorces without children and 60 days for divorces with children.<\/td>\r\n<\/tr>

No-fault grounds for divorce<\/p>\r\n<\/th>\r\n

Kentucky is a no-fault<\/a> divorce state that allows divorces with one or both parties who believe the marriage is irretrievably broken<\/a>. Irretrievable breakdown means there’s no reasonable prospect of reconciliation.<\/td>\r\n<\/tr>

Filing fees<\/p>\r\n<\/th>\r\n

The court charges a filing fee of over $200, usually paid in cash or money order. Low-income people can get this fee waived.<\/td>\r\n<\/tr>

Legal separation<\/p>\r\n<\/th>\r\n

Kentucky law also allows a \u201cdivorce from bed and board<\/a>" which is a form of legal separation that doesn’t permit either party to marry another and also doesn’t bar curtesy, dower, or other distribution rights. Also, at least one year after a legal separation decree, the court can change it to a divorce decree<\/a>.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: Because state laws change all the time, it’s important to verify your state’s divorce laws. You can conduct legal research independently or consult a skilled <\/i>Kentucky divorce lawyer<\/i><\/a>.<\/i><\/p>\r\n

Legal Requirements for Kentucky Divorce<\/h2>\r\n

To file for divorce in Kentucky, you must meet specific legal requirements. First, you must meet Kentucky’s residency requirements. According to Kentucky Revised Statutes Section 403.140(1)(a)<\/a>, you must be a resident of Kentucky for at least 180 days before filing divorce papers.<\/p>\r\n

Kentucky also has a mandatory waiting period. KRS 403.170<\/a> states that the family law judge can’t issue a final decree of dissolution of marriage for at least 60 days after you file your petition. This 60 days serves as a "cooling-off" period, where the parties can change their minds and reconcile.<\/p>\r\n

No-Fault Divorce Case vs. Fault-Based Divorce<\/h2>\r\n

All states, including Kentucky, recognize no-fault divorce. This means the family courts don’t recognize traditional grounds for divorce.<\/p>\r\n

The only ground for divorce in Kentucky is that your marriage is irretrievably broken. You must certify that your marriage is beyond repair and there is no chance of reconciliation. No matter how egregious your spouse’s behavior is, you can’t file a fault-based divorce.<\/p>\r\n

Contested Divorce Case vs. Uncontested Divorce<\/h2>\r\n

There are two main types of divorce in Kentucky: contested and uncontested. In an uncontested divorce, the parties agree to the divorce terms. They submit a copy of their marital settlement agreement to the circuit court judge for approval. Once approved, the judge can schedule the decree of dissolution of marriage for 60 days later.<\/p>\r\n

In a contested divorce, the couple disagrees about material divorce terms. Some of the more contentious legal issues include:<\/p>\r\n