If you are thinking about ending your marriage and you live in the Bluegrass State, you need to learn the rules for divorce in Kentucky. You must file paperwork with the court to dissolve your union and you will make choices throughout the process that impact a variety of issues.
This guide to divorce in Kentucky helps you learn what to expect so you’re prepared for the steps involved in becoming single again.
Who Can File for Divorce in Kentucky?
In Kentucky, there are strict residency requirements that limit who can file for divorce. You can get a divorce in Kentucky only if you or your spouse lives in the state at the time the divorce papers are filed and lived there for 180 days prior to the time of filing.
For those who are in the military, individuals must be stationed in Kentucky for at least 180 days prior to filing for divorce.
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What Are the Grounds to File for Divorce in Kentucky?
In Kentucky, you can get a divorce if your marriage is irretrievably broken, which is a no-fault divorce. The divorce will be granted whether one or both parties agree. The divorce decree cannot be issued until the couple has lived apart for at least 60 days.
How to File for Divorce in Kentucky
In order to file for divorce in Kentucky, you must submit the required paperwork to the court in the county where you or your spouse live. You can find the appropriate county court on the Kentucky Court of Justice website.
You must pay a filing fee when you file for divorce. If this would be a financial hardship, you can submit a form requesting a waiver of the cost.
The paperwork you must submit with your filing fee can vary depending on your situation but may include the following:
- Petition for the Dissolution of Marriage
- Civil Summons or an entry of Appearance and Waiver
- Case Data Information Sheet
- Vital Statistics form
The Kentucky Courts website has a detailed library of forms that you can use throughout the entirety of your divorce case. You can search for the forms you need by keyword or they are organized by category as well so you can select the Family and Children form library to find the documents you will need.
Serving Divorce Paperwork in Kentucky
When you file for divorce, official notification must be provided to your spouse that you have filed court paperwork and are trying to dissolve your marriage. This is called service of process.
There are a few different ways you can serve your spouse with divorce papers in Kentucky including:
- Asking the court clerk to send the documents via U.S. mail with return receipt requested
- Hiring a process server or sheriff to hand deliver the papers (and paying a fee to do so)
- Requesting a “warning order” which means asking for a court-appointed attorney to try to locate your spouse if you do not know where he or she is
If your spouse agrees to waive service of process, you can avoid taking these steps and simplify the process if your spouse submits an Entry of Appearance and Waiver to the court.
Regardless of the method chosen, your spouse has 20 days to respond after being provided with notice. If they don’t, then you can request the court move forward with a default divorce. This would mean the requests you made to the court are granted by default.
Contested or Uncontested Divorce
You can dissolve your marriage through either a contested or an uncontested divorce in Kentucky.
A contested divorce means you and your spouse cannot agree on some of the issues involved in ending your marriage such as how parenting time will be shared, the amount of alimony and/or child support to be paid (if any) or how assets and debts are to be divided up.
With a contested divorce, the court decides all of the issues you cannot agree on. You will have a trial and each spouse will present evidence arguing for their preferred outcomes.
If you opt for an uncontested divorce, you can decide on the key issues governing your post-divorce life with your spouse. The two of you should reach a settlement agreement which will be incorporated into your divorce decree.
What Is the Waiting Period for a Kentucky Divorce?
In Kentucky, you and your spouse must live apart for a period of at least 60 days before the court can end your marriage. This requirement can be met even if you are living under the same roof as long as no sexual activity took place during that time period.
Getting Legal Help With a Divorce in Kentucky
Although it is not difficult to learn how to file for divorce in Kentucky, going through the actual process of filing court paperwork and trying to negotiate a settlement agreement (or argue for your preferred outcome in court) can be complicated.
With your financial future and access to your children at stake, it’s best to get professional help from a Kentucky divorce lawyer who can protect your legal interests throughout the entirety of the marriage dissolution process.
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Frequently Asked Questions (FAQs)
How is marital property divided in a Kentucky divorce?
In Kentucky, equitable distribution rules require the court to divide marital property and share debts fairly. This doesn’t necessarily mean a 50/50 division, but instead the court considers many factors to determine what is appropriate for the situation. You and your spouse can also negotiate an out-of-court settlement agreement to decide on your own how to divide up property and debt.
Can you get alimony in a Kentucky divorce?
Alimony or spousal support is available in some circumstances after a divorce in Kentucky. The court will consider many factors including the financial resources of both parties, the standard of living established during marriage, the length of the marriage and whether you could develop the ability to support yourself (and how long doing so would take). If the court finds you must stay home with a child and cannot work or cannot support yourself, this will be taken into consideration as well. How long does a Kentucky divorce take?
You must have lived apart for at least 60 days before a court can grant a Kentucky divorce. However, even if you have lived under the same roof, you can be considered to have lived apart if no sexual activity took place. While this minimum requirement must be met, often divorce in Kentucky will take longer than this time because a marriage cannot end until issues related to support and property division are resolved.
