By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 06, 2024
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Some marriages end in divorce. It's a fact. Unfortunately, very few people know how the divorce process works. To see what you're up against, you must familiarize yourself with Kentucky divorce laws.
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.
If you still have questions about your divorce case, it's best to consult an experienced Kentucky divorce attorney.
Every state has unique divorce laws. You should learn about these laws before filing your divorce petition.
The following table explains the main highlights of Kentucky's divorce laws.
Code section |
Kentucky Revised Statutes Chapter 403 – Dissolution of Marriage and Child Custody |
|---|---|
Residency requirements |
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 before filing for divorce. |
Waiting period |
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. |
No-fault grounds for divorce |
Kentucky is a no-fault divorce state that allows divorces with one or both parties who believe the marriage is irretrievably broken. Irretrievable breakdown means there's no reasonable prospect of reconciliation. |
Filing fees |
The court charges a filing fee of over $200, usually paid in cash or money order. Low-income people can get this fee waived. |
Legal separation |
Kentucky law also allows a “divorce from bed and board" 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. |
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 Kentucky divorce lawyer.
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), you must be a resident of Kentucky for at least 180 days before filing divorce papers.
Kentucky also has a mandatory waiting period. KRS 403.170 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.
All states, including Kentucky, recognize no-fault divorce. This means the family courts don't recognize traditional grounds for divorce.
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.
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.
In a contested divorce, the couple disagrees about material divorce terms. Some of the more contentious legal issues include:
Your Kentucky divorce lawyer will ideally negotiate a settlement with your spouse's lawyer. If not, your case will go to trial, and the judge will decide for you. You'll have to attend court hearings throughout the divorce proceedings, where you'll argue your position before the judge.
Once your final hearing is over, the case is in the judge's hands. You'll have no say in the outcome.
Kentucky is not a community property state. The courts follow equitable distribution rules to divide marital debts and assets. Very rarely do the courts divide your marital property 50/50. Instead, the judges divide marital assets in whatever way they see fit.
Some of the types of property subject to equitable distribution include:
There are some items the judge will exclude from distribution. The courts deem these items separate property. Separate property includes items you had before your marriage. It also includes gifts, inheritances, and personal injury settlement monies.
Divorce is never easy, especially for those who have children or other complicated matters to deal with. Even the simplest divorce can benefit from the experience and expertise of a legal professional. It's good to know the rights you're giving up, even if you choose to waive them anyway.
If you are considering divorce or have already filed your divorce petition, you know how difficult it can be. Meeting with a skilled Kentucky divorce attorney before filing your divorce papers is in your best interests.
Your divorce lawyer will know Kentucky's divorce laws. They also know how to navigate the family law courts in Kentucky. They'll work hard to negotiate a fair divorce settlement and get you the best possible outcome.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
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