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Everything to Know About Divorce in Kentucky

by Katie Reseburg
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Divorce doesn’t have to mean chaos. In Kentucky, the process is straightforward if you know what to expect—especially when it comes to timelines, court requirements, and financial disclosures. This guide walks you through everything from how to file to what happens after your divorce is final.

Prerequisites

Residency requirements

To file for divorce in Kentucky:

  • At least one spouse must have lived in Kentucky for 180 days (6 months) before filing.
  • File in the county of residence of either party.

Separation & waiting periods

You can file for a divorce at any time, but you and your spouse must be separated and living apart for at least 60 days before a judge can grant a final divorce decree. You can both live in the same house but cannot have a sexual relationship or shared bedroom.

Grounds for divorce

Kentucky is a no-fault divorce state. The only recognized ground is that the marriage is “irretrievably broken.” You won’t need to prove misconduct like adultery or cruelty—but abuse or bad behavior can still influence custody and financial issues.

How to file for divorce in Kentucky

  1.  File a Petition for Dissolution of Marriage in the appropriate Circuit Court.
  2.  Serve your spouse via sheriff, process server, or certified mail.
  3.  Wait for a response: Your spouse has 20 days to respond.
  4.  Parenting class: Required if you have minor children.
  5.  Final hearing: A judge will finalize the divorce if all paperwork, requirements, and waiting periods are complete.

How much does it cost?

Filing fee: Typically $115–$250, depending on the county.

Additional costs may include:

  • Serving fees
  • Parenting class (if applicable)
  • Attorney or mediation fees

If you can’t afford the fees, you can request a fee waiver (In Forma Pauperis status).

Property and debt division

Kentucky follows equitable distribution laws. Marital property is divided fairly (not always 50/50).

Factors include:

  • Contributions (financial and non-financial)
  • Length of the marriage
  • Earning potential and financial needs

Separate property—acquired before marriage or by inheritance/gift—is not divided unless it’s commingled.

Alimony (spousal support)

Spousal support in Kentucky must be formally requested and justified and is not guaranteed. Courts consider:

  • Financial need and ability to be self-supporting
  • Duration of the marriage
  • Standard of living
  • Age and health

Support may be temporary, rehabilitative, or in rare cases, long-term. There's no formula—judges decide on a case-by-case basis.

Child custody and support

Custody

Kentucky law presumes joint custody and equal parenting time is in the child’s best interest—unless proven otherwise.

The court considers:

  • Parental cooperation
  • Emotional and physical safety
  • History of abuse or neglect
  • Child’s wishes (depending on age)

Support

Kentucky uses a standardized Child Support Calculator, which factors in:

  • Both parents’ income
  • Number of children
  • Healthcare and daycare expenses

Military divorce in Kentucky

Either spouse must meet Kentucky’s 180-day residency requirement. Federal laws like the Servicemembers Civil Relief Act (SCRA) can pause proceedings during active duty or deployment.

Legal separation and annulment

Legal Separation

You can file a “Petition for Legal Separation” instead of divorce. After one year, either spouse can convert it to a divorce.

Annulment

Rare—granted in cases of bigamy, fraud, duress, or underage marriage without consent.

Filing online

Some counties offer eFiling for attorneys, but most people filing pro se (without a lawyer) must do so in person. Use the Kentucky Court of Justice to find forms and courthouse contact details.

After the divorce

Once your divorce is finalized:

  • Change your name if requested in the final decree, or complete the process now.
  • Update your will, insurance, and accounts.
  • File taxes as single (if divorced before Dec. 31 of the tax year).
  • Request modifications if custody or support circumstances change

Kentucky divorce resources

The Kentucky divorce process is manageable—especially if both parties cooperate. Still, parenting plans, financial disclosures, and property division can complicate things quickly. The more prepared you are, the smoother it’ll go. Don’t hesitate to seek help from Hello Divorce if you need to understand your next step.

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