Divorce Resources in Kentucky: Court Forms, Legal Aid & Filing Guide

To file for divorce in Kentucky, you must meet the 180-day residency requirement under KRS 403.140. At least one spouse must have resided continuously in Kentucky for 180 days immediately before filing the petition. You file in the circuit court of the county where either spouse resides, as established by KRS 452.470. Kentucky is a no-fault state — the only ground for dissolution is that the marriage is irretrievably broken with no reasonable prospect of reconciliation under KRS 403.170. No proof of adultery, abandonment, or abuse is required. You must complete Form AOC-252 (with children) or AOC-252A (without children), the VS-300 Certificate of Divorce or Annulment through the Cabinet for Health and Family Services online portal, and pay the $150 filing fee to the circuit court clerk.

After filing the petition, the respondent must be served with a copy of the petition and summons. Service may be accomplished by the sheriff, certified mail, or warning order attorney under KRS 403.150. The respondent may waive formal service by filing Form AOC-252.1, Entry of Appearance and Waiver of Service. Kentucky law mandates a 60-day separation period before the court can enter a final decree under KRS 403.170(1). During this period, the spouses must live apart or reside in the same home without sexual cohabitation. Both parties must exchange Verified Disclosure Statements (Form AOC-238) within 45 days of service per Family Court Rule of Procedure and Practice 2(3), detailing all income, assets, debts, and monthly expenses under oath.

Once the 60-day separation period has elapsed and all financial disclosures are complete, the petitioner files Form AOC-252.5, Deposition of Petitioner, confirming residency, separation, and fairness of any settlement agreement. If the parties reach a settlement, they file Form AOC-252.4, Separation Agreement, covering property division, debt allocation, and maintenance. The petitioner then files Form AOC-252.8, Motion to Submit for Entry of Decree. If children are involved, the court must approve a parenting plan addressing custody and visitation under KRS 403.270 and child support under KRS 403.211. The judge reviews all filings and, if satisfied, enters the Decree of Dissolution of Marriage. The circuit court clerk records the VS-300 with the Office of Vital Statistics.

Kentucky does not have a single statewide statute mandating parenting education classes in all divorce cases. Instead, more than half of Kentucky's 56 judicial circuits require divorcing parents with minor children to complete a parent education course, typically a six-hour program covering co-parenting skills, child adjustment to divorce, and conflict resolution. The requirement is implemented through local court rules rather than a uniform provision of KRS Chapter 403. In circuits that mandate the class, parents must complete the course before the court will schedule the case for a final hearing. Individual judges in non-mandatory circuits retain discretion to order a parenting class on a case-by-case basis. Failure to comply may result in contempt of court or the judge declining to finalize the divorce. Most Kentucky counties accept online parenting courses, though some local rules may require in-person attendance — verify with your circuit court clerk.

Kentucky family courts may order mediation in divorce cases under the Family Court Rules of Procedure and Practice (FCRPP), but mediation is not universally mandatory by statute. The parties may agree to mediate at any time during the proceedings. After notice and opportunity to be heard, the court may order the parties to mediate contested issues before further proceedings. However, KRS 403.036 prohibits court-ordered mediation in cases involving domestic violence and abuse unless the victim voluntarily requests it and the court finds the request is genuine. Within 10 days of a final mediation session where all issues are not resolved, the petitioner must file a motion for a case management conference or final hearing date. Unless the court is notified that mediation is ongoing, the petitioner must file for a case management conference within 60 days of service on the respondent. Additional information on mediation programs is available through the Kentucky Court of Justice Mediation Program.

Kentucky requires both parties in a divorce to complete and exchange Verified Disclosure Statements under the Family Court Rules of Procedure and Practice (FCRPP). The Preliminary Verified Disclosure Statement (Form AOC-238) must be exchanged between the parties within 45 days of service of the petition on the respondent, per FCRPP 2(3). The preliminary form is exchanged between parties but not filed with the court unless ordered. Both parties must disclose under oath all income, employer information, real estate, vehicles, bank accounts, retirement plans, investments, debts, childcare costs, health insurance, monthly living expenses, business interests, and personal property. A Simplified Preliminary Verified Disclosure Statement (Form AOC-238.1) may be used in less complex cases. The Final Verified Disclosure Statement (Form AOC-239) must be filed with the court no later than 5 days before trial if property matters remain in dispute, per FCRPP 3(3). Failure to fully and honestly disclose financial information can result in court sanctions and potential modification of the divorce judgment.