Getting Divorced in Kentucky: A Legal Guide
Kentucky divorce proceedings require at least one spouse to have resided in the state for 180 days before filing. The state recognizes no-fault divorce based on "irretrievable breakdown" of the marriage, with a mandatory 60-day waiting period before finalization.
Kentucky follows equitable distribution laws for dividing marital property, which means assets are divided fairly but not necessarily equally. Working with a qualified family law attorney can help protect your interests, especially when complex assets, children, or spousal maintenance are involved.
Key Considerations
Scenarios
Decisions
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Relevant Documents
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Kentucky Revised Statutes § 403.140 - No-Fault Divorce
Kentucky is a 'no-fault' divorce state, meaning you don't need to prove wrongdoing by your spouse to get divorced. You only need to state that the marriage is 'irretrievably broken' with no reasonable prospect of reconciliation. This simplifies the divorce process as you don't need to prove fault-based grounds like adultery or cruelty.
Kentucky Revised Statutes § 403.170 - Residency Requirements
To file for divorce in Kentucky, either you or your spouse must have been a resident of Kentucky for at least 180 days (6 months) immediately before filing. This residency requirement must be met for Kentucky courts to have jurisdiction over your divorce case.
Kentucky Revised Statutes § 403.190 - Division of Property
Kentucky follows 'equitable distribution' laws for dividing marital property. This means the court will divide property fairly, but not necessarily equally. The court considers factors like each spouse's contribution to acquiring the property, the value of property assigned to each spouse, and the economic circumstances of each spouse after the division.
Kentucky Revised Statutes § 403.200 - Spousal Maintenance (Alimony)
Kentucky courts may award spousal maintenance if a spouse lacks sufficient property to provide for reasonable needs and is unable to support themselves through appropriate employment. The amount and duration depend on factors like the duration of the marriage, standard of living during marriage, and each spouse's financial resources and earning capacity.
Kentucky Revised Statutes § 403.212 - Child Support Guidelines
Kentucky uses specific guidelines to calculate child support based primarily on both parents' gross incomes and the number of children. The court can deviate from these guidelines if they would be unjust or inappropriate in a particular case. Child support typically continues until the child turns 18 or graduates high school, whichever occurs later.
Kentucky Revised Statutes § 403.270 - Child Custody Determinations
Kentucky courts make custody decisions based on the 'best interests of the child' standard. The court considers factors like the wishes of the parents and child, the child's adjustment to home and community, and the mental and physical health of all individuals involved. Kentucky law encourages joint custody arrangements when appropriate.
Kentucky Revised Statutes § 403.180 - Separation Agreements
Spouses can create written separation agreements addressing property division, spousal support, child custody, and support. If the court finds the agreement is not unconscionable, it will typically be incorporated into the divorce decree. This allows couples to have more control over their divorce terms rather than leaving decisions entirely to the court.
Kentucky Revised Statutes § 403.150 - Divorce Procedure
This statute outlines the procedural requirements for filing for divorce in Kentucky, including necessary paperwork and the 60-day waiting period after filing before a divorce can be finalized. If you have children, there's also a mandatory 60-day waiting period after separation before the divorce can be granted.
Regional Variances
Major Urban Areas
Jefferson County Family Court has specific local rules and procedures that differ from other counties. Louisville has dedicated family court judges and typically processes divorces more quickly than rural counties. The court offers more extensive mediation services and has specialized programs for high-conflict cases. Financial disclosure requirements may be more stringent, and the court uses a specific schedule for case management.
Fayette County Family Court has its own set of local rules that may differ from state procedures. The court offers specialized divorce education programs and has specific requirements for parenting schedules. Lexington courts typically have more resources for family cases and may process divorces more efficiently than smaller counties. The court also has specific procedures for handling domestic violence issues within divorce proceedings.
Rural Counties
Many eastern Kentucky counties have limited court resources, which can lead to longer processing times for divorces. Some rural courts may have circuit judges handling family cases rather than dedicated family court judges. Local practices regarding property division may be more traditional, particularly regarding family land and farming assets. Court schedules may be more limited, with family court sessions only occurring on specific days of the month.
Western Kentucky rural counties often have their own local customs regarding divorce proceedings. Some counties may have more relaxed procedural requirements than urban areas. Property division practices may differ, especially in agricultural communities where farm assets are concerned. Court availability may be limited, potentially extending the timeline for finalizing a divorce.
Northern Kentucky Region
The Northern Kentucky counties near Cincinnati have developed distinct family court practices that sometimes reflect the influence of Ohio's neighboring legal system. These counties often have more standardized procedures for handling divorces with cross-state issues. Courts in this region may have different approaches to calculating child support and maintenance compared to other parts of Kentucky, particularly in cases involving higher incomes or complex financial situations.
Suggested Compliance Checklist
Determine if you meet Kentucky residency requirements
0 days after startingBefore filing for divorce in Kentucky, at least one spouse must have been a resident of Kentucky for at least 180 days (6 months) immediately before filing. Verify that you or your spouse meets this requirement before proceeding.
Gather important financial and personal documents
7 days after startingCollect documents related to assets, debts, income, expenses, and children. This includes tax returns, pay stubs, bank statements, retirement account statements, mortgage documents, vehicle titles, credit card statements, insurance policies, and children's records (birth certificates, school records, medical records).
Draft Petition for Dissolution of Marriage
14 days after startingThis is the formal document that initiates the divorce process. In Kentucky, it must include basic information about both spouses, date and place of marriage, confirmation that residency requirements are met, a statement that the marriage is 'irretrievably broken,' information about children (if any), and what you're requesting regarding property division, support, and custody.
Complete the Summons
14 days after startingThe summons is a formal notice to your spouse that you've filed for divorce. It informs them that they must respond within a certain timeframe (typically 20 days in Kentucky) or risk a default judgment.
File divorce papers with the Circuit Court
21 days after startingFile the Petition for Dissolution and Summons with the Circuit Court in the county where either you or your spouse has resided for at least 60 days. You'll need to pay a filing fee (approximately $113-$250 depending on the county). If you cannot afford the fee, ask about filing a fee waiver form.
Serve divorce papers on your spouse
28 days after startingYour spouse must be officially notified of the divorce filing. In Kentucky, this can be done through certified mail, sheriff's service, or a process server. If you're the respondent, you'll need to prepare a Response to Petition for Dissolution within 20 days of being served.
Draft Response to Petition for Dissolution (if you're the respondent)
28 days after startingIf you've been served with divorce papers, you must respond within 20 days. Your response should address each paragraph of the petition, stating whether you agree or disagree with each statement. If you fail to respond, the court may grant everything requested in the petition.
Complete Financial Disclosure Declaration
35 days after startingBoth spouses must complete and exchange detailed financial disclosure forms. This document requires you to list all assets, debts, income, and expenses. Be thorough and honest—hiding assets can result in penalties from the court.
Attend case management conference
45 days after startingThe court may schedule an initial hearing to establish timelines for the case and address temporary orders for support, custody, or use of property during the divorce process.
Draft Parenting Plan (if children are involved)
60 days after startingIf you have minor children, you must create a detailed parenting plan that addresses custody, visitation schedules, decision-making authority, and other parenting responsibilities. Kentucky courts prefer that parents develop this plan together, but if you cannot agree, each parent should submit their proposed plan.
Complete Child Support Worksheet
60 days after startingKentucky uses specific guidelines to calculate child support based on both parents' incomes, childcare costs, health insurance expenses, and other factors. The Child Support Worksheet helps determine the appropriate amount according to state guidelines.
Negotiate and draft Marital Settlement Agreement
75 days after startingThis document details how you and your spouse will divide property, debts, and handle support issues. If you can reach an agreement on all issues, this will significantly streamline the divorce process. Consider mediation if you're having trouble reaching an agreement.
Prepare Qualified Domestic Relations Order (QDRO) if needed
90 days after startingIf retirement accounts need to be divided, a QDRO is required. This specialized court order instructs retirement plan administrators how to divide the accounts. Consider hiring an attorney who specializes in QDROs as they can be complex to prepare correctly.
Attend mediation (if required)
100 days after startingMany Kentucky counties require mediation before a contested divorce can go to trial. This is especially common in cases involving children. The mediator helps facilitate discussion and negotiation between spouses to reach agreements on disputed issues.
Prepare for and attend final hearing
120 days after startingIf your divorce is uncontested (you've agreed on all issues), the final hearing may be brief. If contested issues remain, be prepared to present evidence and testimony. Bring copies of all filed documents, your settlement agreement, and any other relevant evidence.
Review and submit Final Decree of Divorce
130 days after startingThis document finalizes the divorce and incorporates all agreements and court decisions. In Kentucky, even if you've agreed on everything, you must wait at least 60 days from the date of filing before the court can issue the final decree (if you have minor children). Review this document carefully before it's submitted to the judge for signature.
Prepare Wage Withholding Order (if applicable)
135 days after startingIf child support or spousal support is ordered, Kentucky typically requires a wage withholding order. This document directs an employer to withhold support payments from the paying spouse's wages and send them to the Kentucky Child Support Enforcement office for distribution.
Update personal records and accounts
165 days after startingAfter the divorce is finalized, update your name (if changed), beneficiary designations on insurance policies and retirement accounts, wills or estate plans, emergency contacts, and other personal records. Also consider updating driver's license, Social Security information, and passport if your name changed.
Comply with ongoing obligations
180 days after startingFollow through with all requirements in the divorce decree, such as transferring property titles, paying support, following the parenting plan, and maintaining required insurance coverage. Failure to comply can result in contempt of court charges.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Determine if you meet Kentucky residency requirements | Before filing for divorce in Kentucky, at least one spouse must have been a resident of Kentucky for at least 180 days (6 months) immediately before filing. Verify that you or your spouse meets this requirement before proceeding. | - | 0 |
| Gather important financial and personal documents | Collect documents related to assets, debts, income, expenses, and children. This includes tax returns, pay stubs, bank statements, retirement account statements, mortgage documents, vehicle titles, credit card statements, insurance policies, and children's records (birth certificates, school records, medical records). | - | 7 |
| Draft Petition for Dissolution of Marriage | This is the formal document that initiates the divorce process. In Kentucky, it must include basic information about both spouses, date and place of marriage, confirmation that residency requirements are met, a statement that the marriage is 'irretrievably broken,' information about children (if any), and what you're requesting regarding property division, support, and custody. | Petition for Dissolution of Marriage | 14 |
| Complete the Summons | The summons is a formal notice to your spouse that you've filed for divorce. It informs them that they must respond within a certain timeframe (typically 20 days in Kentucky) or risk a default judgment. | Summons | 14 |
| File divorce papers with the Circuit Court | File the Petition for Dissolution and Summons with the Circuit Court in the county where either you or your spouse has resided for at least 60 days. You'll need to pay a filing fee (approximately $113-$250 depending on the county). If you cannot afford the fee, ask about filing a fee waiver form. | - | 21 |
| Serve divorce papers on your spouse | Your spouse must be officially notified of the divorce filing. In Kentucky, this can be done through certified mail, sheriff's service, or a process server. If you're the respondent, you'll need to prepare a Response to Petition for Dissolution within 20 days of being served. | - | 28 |
| Draft Response to Petition for Dissolution (if you're the respondent) | If you've been served with divorce papers, you must respond within 20 days. Your response should address each paragraph of the petition, stating whether you agree or disagree with each statement. If you fail to respond, the court may grant everything requested in the petition. | Response to Petition for Dissolution | 28 |
| Complete Financial Disclosure Declaration | Both spouses must complete and exchange detailed financial disclosure forms. This document requires you to list all assets, debts, income, and expenses. Be thorough and honest—hiding assets can result in penalties from the court. | Financial Disclosure Declaration | 35 |
| Attend case management conference | The court may schedule an initial hearing to establish timelines for the case and address temporary orders for support, custody, or use of property during the divorce process. | - | 45 |
| Draft Parenting Plan (if children are involved) | If you have minor children, you must create a detailed parenting plan that addresses custody, visitation schedules, decision-making authority, and other parenting responsibilities. Kentucky courts prefer that parents develop this plan together, but if you cannot agree, each parent should submit their proposed plan. | Parenting Plan | 60 |
| Complete Child Support Worksheet | Kentucky uses specific guidelines to calculate child support based on both parents' incomes, childcare costs, health insurance expenses, and other factors. The Child Support Worksheet helps determine the appropriate amount according to state guidelines. | Child Support Worksheet | 60 |
| Negotiate and draft Marital Settlement Agreement | This document details how you and your spouse will divide property, debts, and handle support issues. If you can reach an agreement on all issues, this will significantly streamline the divorce process. Consider mediation if you're having trouble reaching an agreement. | Marital Settlement Agreement | 75 |
| Prepare Qualified Domestic Relations Order (QDRO) if needed | If retirement accounts need to be divided, a QDRO is required. This specialized court order instructs retirement plan administrators how to divide the accounts. Consider hiring an attorney who specializes in QDROs as they can be complex to prepare correctly. | Qualified Domestic Relations Order (QDRO) | 90 |
| Attend mediation (if required) | Many Kentucky counties require mediation before a contested divorce can go to trial. This is especially common in cases involving children. The mediator helps facilitate discussion and negotiation between spouses to reach agreements on disputed issues. | - | 100 |
| Prepare for and attend final hearing | If your divorce is uncontested (you've agreed on all issues), the final hearing may be brief. If contested issues remain, be prepared to present evidence and testimony. Bring copies of all filed documents, your settlement agreement, and any other relevant evidence. | - | 120 |
| Review and submit Final Decree of Divorce | This document finalizes the divorce and incorporates all agreements and court decisions. In Kentucky, even if you've agreed on everything, you must wait at least 60 days from the date of filing before the court can issue the final decree (if you have minor children). Review this document carefully before it's submitted to the judge for signature. | Final Decree of Divorce | 130 |
| Prepare Wage Withholding Order (if applicable) | If child support or spousal support is ordered, Kentucky typically requires a wage withholding order. This document directs an employer to withhold support payments from the paying spouse's wages and send them to the Kentucky Child Support Enforcement office for distribution. | Wage Withholding Order | 135 |
| Update personal records and accounts | After the divorce is finalized, update your name (if changed), beneficiary designations on insurance policies and retirement accounts, wills or estate plans, emergency contacts, and other personal records. Also consider updating driver's license, Social Security information, and passport if your name changed. | - | 165 |
| Comply with ongoing obligations | Follow through with all requirements in the divorce decree, such as transferring property titles, paying support, following the parenting plan, and maintaining required insurance coverage. Failure to comply can result in contempt of court charges. | - | 180 |
Frequently Asked Questions
To file for divorce in Kentucky, either you or your spouse must have been a resident of Kentucky for at least 180 days (6 months) immediately before filing. You'll file in the county where either you or your spouse lives.
Yes, Kentucky is a no-fault divorce state. The only ground needed for divorce is that the marriage is 'irretrievably broken' with no reasonable prospect of reconciliation. You don't need to prove that either spouse did something wrong to cause the divorce.
Kentucky has a mandatory 60-day waiting period after filing before a divorce can be finalized. However, most divorces take longer, especially if there are contested issues. Uncontested divorces might be completed in 2-3 months, while contested divorces can take 6 months to over a year.
Kentucky follows 'equitable distribution' laws, which means marital property is divided fairly but not necessarily equally. The court considers factors like each spouse's contribution to acquiring the property, the length of the marriage, and each spouse's economic circumstances. Property owned before marriage or received as a gift/inheritance typically remains separate property.
Kentucky courts determine custody based on the 'best interests of the child.' Judges consider factors like the child's relationship with each parent, the child's adjustment to home and school, each parent's ability to provide care, and the mental and physical health of all parties. Kentucky courts generally favor arrangements that allow both parents to remain involved in the child's life.
Kentucky uses the Income Shares Model to calculate child support, which considers both parents' gross incomes, the number of children, healthcare costs, childcare expenses, and the custody arrangement. The Kentucky Child Support Guidelines provide a formula that courts follow, though judges can deviate from these guidelines in certain circumstances.
Yes, Kentucky courts may award spousal maintenance if a spouse lacks sufficient property to meet reasonable needs and is unable to support themselves through appropriate employment. The amount and duration depend on factors like the length of the marriage, standard of living during marriage, age, physical/emotional condition, and financial resources of each spouse.
While you're not legally required to have an attorney, it's highly recommended, especially if your divorce involves children, significant assets, or disputes. If you cannot afford an attorney, you might qualify for legal aid services. For simple, uncontested divorces with no children or significant assets, some people successfully use the Kentucky courts' self-help resources.
The basic forms include a Petition for Dissolution of Marriage, a Case Information Sheet, a Summons, and a VS-300 form (vital statistics). If you have children, you'll also need to file additional forms regarding custody and child support. Forms can be obtained from the Kentucky Court of Justice website or your local Circuit Court Clerk's office.
Yes, Kentucky allows divorce even if one spouse objects. If your spouse doesn't respond to the divorce petition after proper service, you can proceed with a default judgment. The court can still grant the divorce, though resolving issues like property division may be more complicated without your spouse's participation.