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- What are the residency requirements for divorce in Kentucky?
- What are the grounds for divorce in Kentucky?
- What additional requirements must be met before the judge can issue a divorce?
- Can I get alimony?
- What are the basic steps for filing for divorce?
- Where can I find additional information about divorce laws in Kentucky?
What are the residency requirements for divorce in Kentucky?
A judge can grant you a divorce if either you or your spouse:
- lives in Kentucky when the divorce petition is filed; and
- have lived in Kentucky for at least 180 days immediately before the divorce petition was filed.1
Being stationed in Kentucky as a member of the armed services is considered to be living in Kentucky.1
1 Ky. Rev. Stat. § 403.140(1)(a)
What are the grounds for divorce in Kentucky?
Grounds are legally acceptable reasons for a divorce. The only ground in Kentucky is that the marriage is “irretrievably broken,” which means that there is no reasonable chance of you and your spouse getting back together (reconciling). The judge can grant you a divorce if:
- both spouses state that the marriage is irretrievably broken; or
- one spouse states that the marriage is irretrievably broken and the other does not deny it.1
However, if either spouse says that the marriage is not irretrievably broken, the judge will consider:
- the situation that led to the divorce petition being filed;
- the possible chances of fixing the marriage (reconciliation); and
- any other relevant factors.2
After considering these things, the judge will either:
- decide if your marriage is, in fact, irretrievably broken; or
- hold another hearing within 30-60 days and request that you and your spouse seek counseling in the meantime. Then at the next hearing, the judge would decide whether or not your marriage is irretrievably broken.2
1 Ky. Rev. Stat. § 403.170(1)
2 Ky. Rev. Stat. § 403.170(2)
What additional requirements must be met before the judge can issue a divorce?
The judge cannot grant the final divorce decree until you and your spouse have lived apart for 60 days. In Kentucky, “living apart” can mean living under the same roof without any sexual activity.1
In addition, the judge must have addressed any of the following issues that apply to your situation:
- child custody;
- child support;
- spousal support; and
- property distribution.2
1 Ky. Rev. Stat. § 403.170(1)
2 Ky. Rev. Stat. § 403.140(1)(d)
Can I get alimony?
Alimony is financial support paid by, or to, your spouse. Alimony may also be called “maintenance” or “spousal support.” A judge can grant you alimony if:
- s/he finds that you do not have enough property or assets to meet your needs; and
- one of the following things is true:
- you can’t support yourself through an appropriate job; or
- you are the caregiver for a child whose specific needs make it unreasonable for you to work outside of the home.1
If the judge decides to award you alimony, s/he will also decide how much to award and how long the payments will last. To do this, s/he will look at the following factors:
- your financial resources, including any marital property being awarded to you;
- your ability to meet your needs without your spouse;
- whether you will be receiving child support;
- the time and expense for you to get training or education to find an appropriate job;
- your standard of living during your marriage;
- how long you were married to your spouse;
- your age;
- your physical and emotional condition; and
- your spouse’s ability to meet his/her own needs while supporting you.2
1 Ky. Rev. Stat. § 403.200(1)
2 Ky. Rev. Stat. § 403.200(2)
What are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- Meet the residency requirements of the state where you wish to file. To see Kentucky’s residency requirements, go to What are the residency requirements for divorce in Kentucky?
- Have a legally acceptable reason (“grounds”) to end your marriage. To see what the legally acceptable reasons to get divorced in Kentucky are, go to What are the grounds for divorce in Kentucky?
- File divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and serving your spouse with notice of the case, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.
- If your spouse disagrees with anything in your divorce papers, s/he can file papers telling his/her side. This is called “contesting the divorce.” If your spouse contests the divorce, you will likely have to attend a series of court appearances to sort out the issues. On the other hand, if your spouse agrees with everything, this is called an “uncontested divorce.” Your spouse should then sign the papers and send them back to you or the court. However, if your spouse fails to sign the papers or file an answer or other response within the time the law requires, you may still be able to proceed with an uncontested divorce. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
In a divorce case, you can also address the following issues if they are relevant to your situation:
- child custody and co-parenting;
- dividing up property, money, and debts; and
- spousal and child support.
You and your spouse may resolve these issues in an out-of-court settlement or through court hearings.
Where can I find additional information about divorce laws in Kentucky?
You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.
Legal Aid Network of Kentucky has a lot of information on divorce, including legal separation, filing fees, links to forms, and more. WomensLaw.org is unrelated to this organization and cannot vouch for the accuracy of their website.
