Kentucky Revised Statutes Chapter 403 - Dissolution of Marriage

Kentucky is a no-fault divorce state. The court will grant a divorce if it finds the marriage is 'irretrievably broken' with no reasonable prospect of reconciliation. At least one spouse must have resided in Kentucky (or been stationed there in the military) for 180 days before filing. The court must also address custody, support, maintenance, and property before entering the final decree.

Effective: 2024

If both spouses state under oath the marriage is irretrievably broken, the court makes that finding after a hearing. No decree can be entered until the spouses have lived apart for 60 days — 'living apart' can mean living under the same roof without sexual cohabitation. If one spouse denies the breakdown, the court may continue the matter for 30 to 60 days and may refer the parties to counseling.

Effective: 2024

A spouse may request legal separation instead of divorce if both parties agree. No earlier than one year after entry of a legal separation decree, either party can ask the court to convert it into a full dissolution. The court may also restore a wife's maiden or former name upon entry of the dissolution decree.

Effective: 2024

Kentucky is an equitable distribution state. The court assigns each spouse their non-marital property and divides marital property in 'just proportions' — fair but not necessarily equal. Courts consider each spouse's contribution (including homemaking), the value of non-marital property, the duration of the marriage, and each party's economic circumstances. Marital misconduct is not a factor in property division.

Effective: 2024

All property acquired during the marriage is presumed marital unless it falls within specific exceptions. Non-marital property includes assets owned before the marriage, gifts or inheritances received by one spouse alone, property acquired in exchange for non-marital assets, and personal injury awards for pain and suffering. How property is titled does not affect its classification. If non-marital property becomes commingled with marital assets, it may lose its separate character unless ownership can be traced.

Effective: 2024

Spouses may enter into a written separation agreement covering maintenance, property division, and child-related matters. The court must review the agreement for unconscionability before approving it — fraud or duress is not required for a finding of unconscionability. Once incorporated into the decree, the agreement becomes a legal judgment enforceable through garnishment, execution, or contempt. Child custody and support provisions are never binding on the court and remain subject to the best-interest standard.

Effective: 2024

Property division provisions generally cannot be revised after the decree is entered, except under narrow grounds that would justify reopening a judgment. Maintenance provisions can be modified only upon a showing of changed circumstances so substantial and continuing that the existing terms have become unconscionable. Maintenance automatically terminates upon the death of either party or remarriage of the recipient, unless otherwise agreed in writing.

Effective: 2024

Kentucky presumes that joint custody and equally shared parenting time is in the child's best interest — one of the first states to adopt this standard (2018). This presumption is rebuttable by a preponderance of evidence. If equal time is not warranted, the court must maximize each parent's time consistent with the child's welfare. Courts consider: each parent's wishes, the child's wishes (based on maturity), the child's relationships, adjustment to home and school, mental and physical health of all parties, and any history of domestic violence.

Effective: 2024

If a domestic violence order has been entered against a parent, the presumption that joint custody and equally shared parenting time is in the child's best interest does not apply to that parent. The court must then weigh all best-interest factors under §403.270 without any presumption favoring joint custody or equal time for the party subject to the DVO.

Effective: 2024

A custody modification cannot be requested until two years after the original decree, unless the child's physical, mental, moral, or emotional health is seriously endangered. After two years, the court must find a change in circumstances and that modification serves the child's best interests, considering factors such as whether the custodian agrees, integration into a new family, and whether harm from the change is outweighed by its advantages. The joint custody presumption also applies to modification orders. Vexatious modification filings can result in attorney fee sanctions.

Effective: 2024

The court may grant reasonable visitation rights to the non-custodial parent unless visitation would endanger the child's physical, mental, moral, or emotional health. Custodial relatives may also receive visitation rights following termination of parental rights of others. The statute recognizes that maintaining relationships with both parents and extended family is generally in the child's best interest.

Effective: 2024

The court may interview a child privately in chambers to learn the child's wishes about custody and visitation. Attorneys may be permitted to attend, and a record of the interview must be made part of the case file. The court may also consult professional personnel such as psychologists or social workers, whose written advice must be shared with counsel. Attorneys can cross-examine any professionals the court consulted.

Effective: 2024

A parent convicted of a felony sexual offense that resulted in the birth of a child is denied custody, visitation, and inheritance rights regarding that child. The child's other parent or guardian may petition for a waiver. The convicted parent's child support obligation remains enforceable regardless of the denial of custody or visitation rights.

Effective: 2024

The court may award maintenance if the requesting spouse lacks sufficient property (including their share of marital property) to meet reasonable needs AND is unable to support themselves through employment, or is custodian of a child whose circumstances make outside employment inappropriate. The court considers financial resources, time needed for education or training, the marital standard of living, marriage duration, age and health of the requesting spouse, and the other spouse's ability to pay. There is no formula — judges have broad discretion on amount and duration.

Effective: 2024

Either parent may bring an action to establish or enforce child support. There is a rebuttable presumption that the child support guidelines amount is the correct amount. The court allocates child-care costs and health care expenses between parents proportional to their incomes. The custodial parent must maintain health insurance if available at reasonable cost. Income withholding is the standard enforcement mechanism, and credit may be given for disability payments received by the child.

Effective: 2024

Kentucky uses the income shares model: both parents' gross incomes are combined, a base obligation is determined from a statutory table, and each parent pays their proportional share. The 2022 amendments (effective March 2023) added parenting time adjustments — parents with at least 73 overnights per year receive a credit ranging from 10.5% to 50% based on their time with the child. Childcare and extraordinary medical expenses are added to the base amount and shared proportionally. Updated guidelines take effect July 1, 2025.

Effective: 2025

Created by the 2024 Kentucky Acts (effective July 15, 2024), this section establishes how the shared parenting time credit is determined and adjusted. When a parent exercises at least 73 days of parenting time per year, the child support obligation is reduced according to a sliding scale. The credit ensures that the financial realities of shared parenting — where both parents bear direct costs during their parenting time — are reflected in the support calculation.

Effective: 2024

Child support may be modified if applying the current guidelines would result in a 15% or more change from the existing order — that difference is presumed to be a material change in circumstances. Unless otherwise agreed, child support terminates when the child turns 18 or graduates high school, whichever comes later. The death of the obligated parent does not automatically terminate the obligation if arrearages exist.

Effective: 2024

A divorce begins by filing a verified petition stating the marriage is irretrievably broken. The petition must include each spouse's age, occupation, Social Security number, residence, and length of Kentucky residency. Kentucky has abolished traditional defenses such as condonation, connivance, collusion, recrimination, insanity, and lapse of time — these cannot be used to block a divorce.

Effective: 2024

While the divorce is pending, the court may order temporary maintenance for either spouse, temporary child support, and injunctions to protect the parties or preserve property. Either party may be restrained from transferring, concealing, or disposing of marital assets. The court may also require disclosure of information regarding domestic violence or child abuse allegations.

Effective: 2024

No final divorce decree can be entered until the parties have lived separate and apart for at least 60 days. 'Living apart' includes living under the same roof as long as there is no sexual cohabitation during that period. In cases involving minor children, no testimony (other than temporary motions) can be heard until 60 days after service of process. The divorce petition can be filed before, during, or after this waiting period.

Effective: 2024

Either parent may move for temporary custody during the divorce proceeding. The motion must be supported by an affidavit. If parents present a mutual agreement and parenting plan, the court can adopt it as the temporary order. The joint custody and equal parenting time presumption applies to temporary orders. If the dissolution or legal separation case is dismissed, temporary custody orders are vacated unless a party moves to continue the custody proceeding.

Effective: 2024

The final dissolution decree must include the date the marriage is dissolved and any provisions for property division, maintenance, custody, child support, and other ordered terms. The decree represents the court's final determination on all issues presented in the dissolution proceeding and becomes the enforceable judgment governing the parties' obligations going forward.

Effective: 2024

Kentucky defines domestic violence as physical injury, sexual abuse, strangulation, stalking, or assault between family members or unmarried couples. Victims can obtain Emergency Protective Orders (EPOs) and Domestic Violence Orders (DVOs). A DVO can prohibit contact, require the abuser to vacate the home, award temporary custody and child support, and protect shared domestic animals. Foreign protective orders receive full faith and credit in Kentucky. These protections exist independently of any pending divorce action.

Effective: 2024

Enacted in 2024, Kentucky's Uniform Collaborative Law Act allows divorcing parties and their attorneys to commit to resolving all issues without going to court. Both parties sign a participation agreement, and if the process fails, the collaborative attorneys are disqualified from representing the parties in litigation. The act includes provisions for low-income parties, disclosure requirements, and a privilege against disclosure for collaborative communications. Pending 2025 legislation (HB 549) would waive the 60-day waiting period for parties who complete collaborative law.

Effective: 2024

A parent convicted of the intentional killing of the other parent is denied visitation rights. The court may grant an exception only after a hearing where it finds visitation would be in the child's best interest. This provision protects children from being forced to maintain contact with a parent who killed their other parent.

Effective: 2024

Kentucky adopted the UCCJEA to determine which state has jurisdiction over child custody matters when multiple states are involved. The child's 'home state' — where the child lived for 6 consecutive months before the proceeding — has priority jurisdiction. The act prevents conflicting custody orders across state lines and provides enforcement mechanisms including registration of out-of-state orders, expedited enforcement hearings, and law enforcement assistance for physical custody transfers.

Effective: 2024

If a party fails to comply with a divorce decree or temporary order, the court may hold them in contempt. The court considers whether the non-compliance was willful and whether the party had a good-cause defense. The court may award reasonable attorney's fees to the party who had to enforce the order, providing a financial deterrent against non-compliance with court-ordered obligations.

Effective: 2024