Introduction
Filing for divorce is one of the most significant legal steps a person can take, and understanding the laws specific to your state is essential for navigating the process with confidence. Kentucky has its own set of statutes governing divorce, and they differ in important ways from those of neighboring states. Whether you are just beginning to consider divorce or are ready to file, this guide will walk you through everything you need to know about ending a marriage in the Commonwealth of Kentucky.
From the no-fault grounds that Kentucky exclusively recognizes to the way courts divide marital property and determine child custody, this guide covers the key topics that every divorcing spouse should understand. While this resource is designed to be comprehensive, every family situation is unique, and consulting with a qualified Kentucky family law attorney is always recommended.
Grounds for Divorce in Kentucky
Kentucky is strictly a no-fault divorce state. This means that neither spouse is required to prove that the other did something wrong — such as adultery, cruelty, or abandonment — in order to obtain a divorce. In fact, Kentucky does not recognize any fault-based grounds for divorce at all.
The sole legal ground for divorce in Kentucky is that the marriage is "irretrievably broken" with no reasonable prospect of reconciliation. Under Kentucky Revised Statutes (KRS) Chapter 403, either spouse may petition the court for dissolution of marriage by asserting that the marital relationship is beyond repair.
What Does "Irretrievably Broken" Mean?
The term "irretrievably broken" simply means that the marriage has deteriorated to a point where it cannot be saved, regardless of who is at fault. One spouse does not need the other's agreement to assert this ground. If one spouse believes the marriage is irretrievably broken, that is generally sufficient for the court to proceed.
If one spouse contests the claim and argues the marriage can still be saved, the court may order a conciliation period of up to 60 days. However, if the petitioning spouse maintains that the marriage is irretrievably broken after this period, the court will typically grant the divorce.
Why No-Fault Matters
Because Kentucky does not allow fault-based grounds, issues such as infidelity or misconduct generally do not play a direct role in the court's decisions regarding property division or spousal support. The focus of the proceedings is on reaching a fair resolution rather than assigning blame. This approach is designed to reduce conflict and simplify the divorce process.
Residency Requirements
Before you can file for divorce in Kentucky, you must meet the state's residency requirement. At least one spouse must have been a resident of the Commonwealth of Kentucky for a minimum of 180 days (approximately six months) immediately preceding the filing of the divorce petition.
Additionally, the divorce petition is typically filed in the circuit court of the county where either spouse resides. If you recently moved to Kentucky, you will need to wait until you have established residency for the full 180-day period before initiating the process.
Military Residency
Military service members stationed in Kentucky may also be able to meet the residency requirement if they have been stationed in the state for the requisite period, even if their legal domicile is elsewhere. However, military divorces can involve additional complexities, so it is advisable to consult with an attorney experienced in military family law.
Property Division
Kentucky follows the principle of equitable distribution when dividing marital property during a divorce. This means that marital assets and debts are divided fairly, but not necessarily equally, between the spouses. The court has broad discretion to determine what is fair based on the specific circumstances of each case.
Marital Property vs. Separate Property
Understanding the distinction between marital and separate property is critical:
- Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or account. This can include real estate, vehicles, retirement accounts, business interests, and household furnishings.
- Separate property includes assets owned by one spouse before the marriage, inheritances received by one spouse individually, and gifts made specifically to one spouse. Separate property generally remains with the spouse who owns it, provided it has not been commingled with marital assets.
Factors the Court Considers
When determining how to divide marital property equitably, Kentucky courts consider several factors, including but not limited to:
- The contribution of each spouse to the acquisition of marital property, including the contribution of a spouse as homemaker
- The value of each spouse's separate property
- The duration of the marriage
- The economic circumstances of each spouse at the time of division
- Any obligations from a prior marriage
- Whether the property award is instead of or in addition to spousal maintenance
It is important to note that because Kentucky is a no-fault state, marital misconduct is generally not a factor in property division.
Child Custody and Support
When children are involved in a Kentucky divorce, the court's primary concern is the best interests of the child. Kentucky law encourages both parents to maintain a meaningful relationship with their children.
Types of Custody
Kentucky recognizes two forms of custody:
- Legal custody refers to the right to make major decisions about the child's upbringing, including education, healthcare, and religious instruction. Courts frequently award joint legal custody, allowing both parents to share in these decisions.
- Physical custody (also called residential custody or timesharing) refers to where the child primarily lives. Physical custody can be sole (with one parent) or joint (shared between both parents).
Factors in Custody Decisions
Kentucky courts evaluate numerous factors when making custody determinations, including:
- The wishes of the child's parents
- The wishes of the child, depending on the child's age and maturity
- The relationship of the child with each parent, siblings, and other significant individuals
- The child's adjustment to home, school, and community
- The mental and physical health of all individuals involved
- Any history of domestic violence or abuse
Child Support
Child support in Kentucky is calculated using the income shares model, which considers the combined gross income of both parents. The state provides child support guidelines and tables that estimate the amount a child would have received if the family remained intact. The non-custodial parent (or the parent with less parenting time) typically makes payments to the custodial parent. The court may deviate from the guidelines if special circumstances warrant it, such as extraordinary medical expenses or educational needs.
Spousal Support (Maintenance)
Spousal support, known as maintenance in Kentucky, is not automatically awarded in every divorce. The court considers whether one spouse lacks sufficient property to provide for their own reasonable needs and whether they are unable to support themselves through appropriate employment.
Factors the Court Considers
When determining whether to award maintenance and the amount and duration, Kentucky courts examine:
- The financial resources of the requesting spouse, including marital property and earning capacity
- The time necessary to acquire education or training to find appropriate employment
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical and emotional condition of the requesting spouse
- The ability of the paying spouse to meet their own needs while contributing to the other spouse's support
Maintenance can be temporary (during the divorce proceedings), rehabilitative (for a set period to allow the recipient to become self-sufficient), or in some cases, permanent (typically reserved for long-term marriages where one spouse is unable to become self-supporting).
Filing Process
The process of filing for divorce in Kentucky generally follows these steps:
Step 1: Prepare and File the Petition
The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the circuit court in the county where either spouse resides. The petition must state that the marriage is irretrievably broken and include basic information about the marriage, children, property, and debts.
Step 2: Serve the Other Spouse
After filing, the petition and a summons must be formally delivered (served) to the other spouse (the respondent). Service can be accomplished through the sheriff's office, a process server, or in some cases by certified mail. If the respondent cannot be located, the court may permit service by publication.
Step 3: Response
The respondent has a set period (typically 20 days in Kentucky) to file a response. If the respondent agrees that the marriage is irretrievably broken and the parties can agree on all terms, the divorce may proceed as uncontested. If there are disagreements, the divorce becomes contested.
Step 4: Temporary Orders and Discovery
In contested cases, either party may request temporary court orders regarding child custody, support, or use of marital property while the divorce is pending. The parties may also engage in discovery, the formal process of exchanging financial documents and other relevant information.
Step 5: Negotiation, Mediation, or Trial
Many Kentucky divorces are resolved through negotiation or mediation, where a neutral third party helps the spouses reach an agreement. If the spouses cannot agree, the case proceeds to trial, where a judge makes the final decisions.
Step 6: Final Decree
Once all issues are resolved — either by agreement or by the court — the judge issues a Decree of Dissolution of Marriage, which officially ends the marriage.
Timeline and Costs
Waiting Period
Kentucky law imposes a mandatory 60-day separation period before a divorce can be finalized. This means that even in the simplest uncontested divorce, at least 60 days must pass from the date of filing (or the date the parties began living apart) before the court will issue the final decree. In contested cases, the process can take significantly longer — often six months to a year or more, depending on the complexity of the issues involved.
Filing Fees
The filing fee for a divorce petition in Kentucky typically ranges from $113 to $250, depending on the county. These fees are subject to change, so it is always best to verify the current amount with your local circuit court clerk's office. If you cannot afford the filing fee, you may be eligible to file a motion requesting a fee waiver based on financial hardship.
Additional Costs
Beyond the filing fee, other potential costs include:
- Attorney fees, which vary widely depending on whether the divorce is contested or uncontested and the complexity of the issues
- Mediation fees, if the parties participate in mediation
- Court costs for motions, subpoenas, and other filings
- Expert fees, such as appraisers for real estate or businesses, or custody evaluators
An uncontested divorce with no children and minimal assets may cost as little as a few hundred dollars in total, while a highly contested divorce can cost thousands or even tens of thousands of dollars.
Conclusion
Divorce in Kentucky is governed by a no-fault framework designed to focus on fair outcomes rather than blame. Understanding the state's residency requirements, equitable distribution approach, and the factors that influence custody and support can help you prepare for the road ahead. While every divorce is different, having a solid understanding of the legal landscape puts you in a better position to protect your rights and your family's future.
Legal Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws are subject to change, and the information presented here may not reflect the most current legal developments. Every divorce case is unique, and outcomes depend on the specific facts and circumstances involved. You should consult with a qualified Kentucky family law attorney before making any legal decisions. Neither the author nor the publisher assumes any liability for actions taken based on the information contained in this guide.