Laura Kuhl is a content editor, writer and social media manager with ten years of experience in the legal, finance, and insurance fields. She started her career as a movie review writer in Wilmington, NC, after earning her M.A. at the University of North Carolina at Wilmington. She is a featured legal and business writer on Free Advice and PotNetwork News.
Laura Kuhl
Laura Kuhl is a content editor, writer and social media manager with ten years of experience in the legal, finance, and insurance fields. She started her career as a movie review writer in Wilmington, NC, after earning her M.A. at the University of North Carolina at Wilmington. She is a featured legal and business writer on Free Advice and PotNetwork News.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Divorce rates are dropping all over the country, but Kentucky ranks in the top five states with the highest divorce rates.
If you’re like many residents of the Bluegrass state looking for a dissolution of marriage, use this guide to find affordable divorce lawyers in Louisville.
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Best Divorce Attorneys in Louisville, KY
Compare Top Divorce Attorneys
Filing For Divorce in Kentucky
The steps for filing for divorce in Kentucky are specific. Below is a brief overview of Kentucky divorce laws and requirements to get you started, but a skilled divorce attorney can navigate the process with you.
Contact any Louisville divorce lawyer on our list to answer precise questions about settlements and filing requirements impacting your divorce.
Kentucky Divorce Requirements
Either you or your spouse must live in Kentucky for six months (180 days) before you can file for divorce. You must also be separated or living apart for at least 60 days after you file before the divorce can be granted. Kentucky law defines “separation” as nonsexual cohabitation for couples who remain living together.
Types of Divorce and Separation in Kentucky
Kentucky is a no-fault divorce state—you don’t need to prove grounds for divorce or have your spouse agree to it for the petition to move forward. As long as one spouse believes the marriage is irreconcilable, the divorce will be finalized within at least 60 days of filing.
How long divorce takes in Kentucky depends on the type of separation you and your spouse are seeking:
- Uncontested divorce. When you and your spouse agree on a settlement and do not need a trial.
- Contested divorce. You and your spouse cannot reach an agreement and your case gets scheduled for a trial.
- Legal separation. You and your spouse remain married but live separately, and custody and alimony are determined by separation decree.
- Divorce from bed and board. Legal separation that bars either spouse from remarrying as long as one of them is alive, but after one year the decree can be changed to divorce.
Divorce with kids can take longer than uncontested divorces or other types of separation, but a divorce lawyer can help determine which divorce or separation decree works best for your family.
Child Custody, Support and Visitation in Kentucky
If you have minor children, your divorce petition will include a custody agreement and settlement. Child custody and support refers to:
- Where the children will live
- How much time they spend with each parent
- How they are financially supported
- Who makes educational, religious and healthcare decisions
Along with their biological parents, a “de facto custodian” can also claim custody if they were the primary caregiver for at least one year, or six months if the child is under three years old or if the child was placed with them by the Department for Community Based Services.
Kentucky law requires the court to consider what is in the best interest of the child, including considering their personal wishes and mental health. However, you can reach a child custody agreement without court if you and your spouse agree on the arrangements listed above.
Even if you don’t agree, a divorce attorney can help you get custody of a child by providing mediation services and determining support plans. If you and your partner can reach an agreement with the help of a local divorce lawyer, you’ll speed up the process by avoiding contentious court hearings.
Property Division in Kentucky
Filing for divorce in Kentucky triggers a division of property (including debts and businesses) acquired during the marriage in a way that is equitable but not necessarily 50/50. A judge will order property division if you and your spouse cannot agree. The court typically considers the following when ruling:
- Property value
- The duration of the marriage
- Each spouse’s contribution to the property
The court also considers your and your spouse’s economic situations once the divorce is in effect. Market values, custody and career options all determine how property is divided after divorce in Kentucky.
Spousal maintenance, known as alimony in other states, is also considered during a divorce.
Maintenance is ordered if a spouse does not have enough property to provide for their needs and cannot support themselves or is the custodial parent of a child who has needs requiring a parent to stay home.
Filing and Serving Your Divorce Papers
You must serve your spouse with a copy of the divorce petition, and you can access forms through the Kentucky Courts website. You must complete a Petition for Dissolution of Marriage and have it served on your spouse. The court clerk can mail the documents or you can hire a process server or sheriff to deliver them. Filing fees for divorce cost upwards of $200 in Kentucky but vary by county.
Your spouse will file their own paperwork challenging the divorce if they disagree with the petition, and the case will go to trial. If your spouse doesn’t sign or file any paperwork, the divorce will continue as uncontested after 60 days.
Finalizing Your Divorce
If your case goes to trial, the divorce is final when the court enters the judgment. If you reach a settlement, the divorce is final when the settlement is approved by the court.
How Can an Attorney Help You?
Divorce attorneys may be able help you find solutions to settle your divorce and can assist you in reaching a settlement. If you cannot reach an agreement, they will take your case to trial and argue your position to the court to obtain the best possible outcome.
You may not need an attorney if you agree on all of the issues in your divorce. However, even in an uncontested divorce without a lawyer, a Louisville divorce attorney can help prepare your paperwork so you don’t miss any important filing deadlines or hearings.
How to Find the Best Divorce Lawyer in Louisville, KY
Recommendations are the fastest way to find the best attorneys. Our top ten list of divorce lawyers in Louisville is a great jumping-off point. Get a free consultation to see what kind of attorney you want to work with.
The best divorce lawyers will have a combination of:
- Experience. Look for family law attorneys who are recognized by the American Bar Association (ABA) and American Academy of Matrimonial Lawyers (AAML).
- The right approach. Find a divorce attorney who takes an approach you are comfortable with and who can communicate with you effectively.
- Affordable fees. Even uncontested divorces get expensive, so find an attorney who works efficiently and fits your budget.
Methodology
To come up with the best divorce lawyers in Louisville of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
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Frequently Asked Questions (FAQs)
What is the first step in getting a divorce in Kentucky?
File a Petition for Dissolution of Marriage to start the divorce process in Kentucky. This opens the case and starts the clock ticking on the 60 day waiting period.
Does it matter who files for divorce first in Kentucky?
It doesn’t matter who files first in Kentucky divorce, but being first gives you the benefit of filing when it is convenient for you.
How much do divorce lawyers in Louisville cost?
Divorce lawyers in Louisville usually cost between $200-$300 per hour, although some will charge a flat fee for an uncontested divorce.
How long does a Kentucky divorce take?
Once you file for divorce in Kentucky, you must wait 60 days for the final orders from the court. Contested Kentucky divorce can take longer than 60 days.
