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Kentucky Divorce Petition

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Introduction

Kentucky calls a divorce petition the Petition for Dissolution of Marriage, the court document one spouse files to formally end a marriage and open a case, since state law names the process 'dissolution of marriage' rather than 'divorce.' Before the Circuit Court can hear that request, one spouse must have been a resident of Kentucky, or stationed here as a member of the armed forces, for 180 days next preceding the filing of the petition (KRS 403.140). The Commonwealth is a pure no-fault jurisdiction, so the only ground you plead is that the marriage is 'irretrievably broken' (KRS 403.170), with no adultery, cruelty, or other fault to prove. The case is brought by the Petitioner against the Respondent in Circuit Court, or its Family Court division where one exists. One feature sets Kentucky apart: the court cannot enter a decree until the parties have lived apart for 60 days (KRS 403.170, .044), and 'living apart' can include sharing one roof so long as there is no sexual cohabitation.

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Key Things to Know

  1. 1

    What it is: Known in the Commonwealth as the Petition for Dissolution of Marriage, this is the pleading the Petitioner files against the Respondent to open a case the statutes call a 'dissolution of marriage' rather than a 'divorce.'

  2. 2

    Residency: One spouse must have lived in Kentucky, or been stationed here in the armed forces, for 180 days immediately before the petition is filed (KRS 403.140).

  3. 3

    Waiting period and separation: The court cannot enter a decree until the parties have lived apart for 60 days (KRS 403.170, .044), and 'living apart' can include sharing the same roof without sexual cohabitation.

  4. 4

    Grounds: Kentucky is pure no-fault, so the sole ground is that the marriage is 'irretrievably broken' (KRS 403.170), with no fault-based grounds recognized.

  5. 5

    Property: Marital property is divided by equitable distribution, meaning the court apportions it in 'just proportions' rather than a strict 50/50 split (KRS 403.190).

  6. 6

    Forms and court: You file the AOC Petition for Dissolution of Marriage with a Civil Summons (Kentucky Administrative Office of the Courts forms) in Circuit Court, or its Family Court division where one exists.

  7. 7

    Fee: The filing fee runs approximately $148 to $153, varying by county.

Key decisions before you file

Before you file a Divorce Petition in Kentucky, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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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.

Kentucky Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: One party must have been a resident of Kentucky (or stationed there as a member of the armed forces) for 180 days next preceding the filing of the petition (KRS....

Residency (County)

Must file in the correct county Circuit Court in counties.

Grounds for Divorce

Must properly plead grounds: Pure no-fault. The sole ground is that the marriage is 'irretrievably broken' (KRS 403.170); Kentucky recognizes no fault-based grounds..

Waiting Period

Mandatory waiting period: 60 days , the parties must have lived apart for 60 days before the decree can be entered (KRS 403.170,....

Required Forms

Must file correct state forms: Petition for Dissolution of Marriage and Civil Summons (Kentucky AOC forms)..

Property Division

Property is divided according to: Equitable distribution , marital property is divided in 'just proportions' (KRS 403.190). laws.

Filing Fee

Filing fee is typically Approximately $148,$153, varying by county. unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the written pleading one spouse files to open a divorce case. In Kentucky the document is the Petition for Dissolution of Marriage, filed with the Circuit Court by the Petitioner against the Respondent. It states that the marriage is irretrievably broken and asks the court to end the marriage and resolve property, debts, and any support.

In Kentucky they describe the same thing from two angles. 'Dissolution of marriage' is the legal name for the process, because Kentucky statutes do not use the word 'divorce.' The 'divorce petition' is the initiating document within that process, formally titled the Petition for Dissolution of Marriage. Filing the petition is how you begin a dissolution.

One spouse must have been a resident of Kentucky, or stationed here as a member of the armed forces, for 180 days next preceding the filing of the petition (KRS 403.140). Meet that 180-day threshold and the Circuit Court can accept your Petition for Dissolution of Marriage.

Kentucky is a pure no-fault state. The sole ground is that the marriage is 'irretrievably broken' (KRS 403.170), and Kentucky recognizes no fault-based grounds, so there is no need to prove adultery, cruelty, or abandonment.

Yes. The court cannot find the marriage irretrievably broken unless the parties have lived apart for 60 days (KRS 403.170, .044). Kentucky treats 'living apart' broadly, so spouses can satisfy it under the same roof provided there is no sexual cohabitation during those 60 days.

The filing fee for a Petition for Dissolution of Marriage is approximately $148 to $153, varying by county clerk. Low-income filers can ask the court to waive the fee.

Kentucky follows equitable distribution. The court divides marital property in 'just proportions' under KRS 403.190, weighing each spouse's contribution and economic circumstances rather than ordering an automatic 50/50 split.

Yes. A Respondent cannot stop a dissolution by refusing to cooperate. Once you properly serve the Petition for Dissolution of Marriage and Civil Summons, the court can proceed and, if the Respondent does not answer, enter a decree by default.