Kentucky Divorce Petition

Dissolution of Marriage in Kentucky

In Kentucky the proceeding is a "dissolution of marriage," not a "divorce," and the spouses are called the Petitioner and the Respondent. A divorce petition here takes the form of the AOC Petition for Dissolution of Marriage, served alongside a Civil Summons. Both are Kentucky Administrative Office of the Courts forms, and both are filed in Circuit Court, or, in counties that have one, the Family Court division of that Circuit Court.

The Caption and Case Type

The petition is captioned for the Circuit Court, or Family Court division, of the county where venue lies. It is styled "In re the Marriage of" the Petitioner and the Respondent, with the case type designated as a dissolution of marriage. The Petition carries the case identifying information, and the Civil Summons commands the Respondent to answer within 20 days of service.

Before You Can File

Jurisdiction turns on residency. One spouse must have been a resident of Kentucky, or been stationed in the Commonwealth as a member of the armed forces, for 180 days next preceding the filing of the petition (KRS 403.140). Meet that threshold and the Circuit Court can hear the case. Fall short and the petition is premature.

The Only Ground: Irretrievably Broken

Kentucky is a pure no-fault state. The single ground for dissolution is that the marriage is "irretrievably broken" (KRS 403.170). There are no fault-based grounds, no adultery, abandonment, or cruelty to allege or prove, which keeps the pleading focused on the breakdown of the relationship rather than blame.

The 60-Day Separation Requirement

A court cannot find the marriage irretrievably broken, and cannot enter a decree, unless the parties have lived apart for 60 days (KRS 403.170, .044). Kentucky defines "living apart" broadly. Spouses satisfy it even under the same roof, provided there is no sexual cohabitation during those 60 days. This period sets the earliest realistic date for a decree.

The Relief the Petition Requests

A Kentucky petition pleads specific relief. It asks the Circuit Court to divide the marital property in "just proportions" under the equitable distribution standard of KRS 403.190, weighing each spouse's contribution, economic circumstances, and separate property. It may request maintenance, Kentucky's term for spousal support, under KRS 403.200 where a spouse lacks sufficient property and cannot be self-supporting. It requests allocation of marital debts, and, if sought, restoration of a former name under KRS 403.230. The prayer closes by asking the court to enter a decree dissolving the marriage.

Costs and Court

Expect a filing fee of roughly $148 to $153, though the exact amount varies by county clerk. The case proceeds through the Circuit Court, with Family Court divisions handling dissolutions where they exist.

Putting It Together

A Kentucky dissolution rests on residency under KRS 403.140, the irretrievably broken ground under KRS 403.170, the 60-day living-apart requirement under KRS 403.170 and .044, and equitable division under KRS 403.190. Filing the AOC Petition for Dissolution of Marriage with a Civil Summons in Circuit Court starts the process, and satisfying the 60-day separation clears the path to a decree.