Divorce in Kentucky can be emotionally challenging, but understanding the legal process can help reduce stress and uncertainty. Whether you're filing in Louisville, Lexington, or a smaller county, the overall steps for obtaining a divorce remain consistent across the state. This guide walks you through the key phases – from filing requirements to final judgment.
Residency Requirements
To file for divorce in Kentucky, at least one spouse must have lived in the state for a minimum of 180 days before filing. The petition must be filed in the county where either spouse resides. Residency rules are strictly enforced, and meeting them is essential for the court to accept your case.
Grounds for Divorce
Kentucky is a no-fault divorce state. The only legally recognized ground is that the marriage is irretrievably broken. The court does not require either spouse to prove wrongdoing such as adultery or abandonment. If both parties agree, this ground is generally accepted without dispute.
Filing the Petition
The process begins when one spouse files a Petition for Dissolution of Marriage with the circuit court. The petition includes basic facts about the marriage, such as the date of separation, names of children (if any), and desired outcomes regarding property or custody. The court assigns a case number and provides a summons to serve the other spouse.
Serving the Respondent
The petitioner must legally serve the respondent with the divorce papers, either through certified mail, sheriff, or a private process server. If the respondent fails to respond within 20 days, the petitioner may request a default judgment, allowing the divorce to proceed without their input.
"Kentucky requires that spouses live apart for 60 days before finalizing a divorce — even if they still reside under the same roof."
Financial Disclosures
Both parties must exchange financial disclosures early in the process. These include tax returns, pay stubs, and documentation of assets, debts, and liabilities. Full transparency is expected so the court can make fair decisions regarding property division and support.
Temporary Orders
Either spouse may request temporary orders to address immediate needs during the divorce. These can cover issues such as child custody, spousal maintenance, child support, and exclusive use of marital property. These orders remain in effect until modified or replaced by the final decree.
Property Division
Kentucky follows the principle of equitable distribution. Marital property is divided fairly, though not necessarily equally. Courts consider each spouse's contributions to the marriage, earning capacity, and future needs. Property acquired before marriage or through inheritance is generally treated as separate property.
Spousal Maintenance
Also known as alimony, spousal maintenance may be awarded based on one spouse's financial need and the other's ability to pay. The court evaluates the length of the marriage, the standard of living, and each spouse's job prospects when deciding whether to award maintenance.
Child Custody and Support
Custody decisions are made in the best interests of the child. Kentucky law favors joint custody unless it would harm the child. Child support is calculated using a formula that takes into account both parents' incomes, number of children, and related expenses such as health insurance or daycare.
Finalizing the Divorce
If both parties reach a settlement, the court will review it for fairness. If no agreement is reached, the court will hold a trial to resolve contested issues. Once all matters are settled, the judge will issue a Decree of Dissolution of Marriage, officially ending the marriage.
Summary of Key Points
- Must live in Kentucky for at least 180 days before filing
- No-fault divorce only; no grounds need to be proven
- Spouses must live apart for 60 days before divorce is final
- Equitable distribution applies to marital property
- Temporary orders help address urgent needs
Divorce is a major life transition, but being informed can make it more manageable. Kentucky's streamlined no-fault system, combined with clear legal requirements, helps residents move forward with clarity and confidence.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Kentucky divorce papers or browse Kentucky divorce lawyers to get the help you need.