How to File for Divorce in Kentucky
In Kentucky, divorces are filed in the Circuit Court (Family Court division where available) in the county where either spouse lives. Kentucky uses equitable distribution, so judges divide marital assets and debts in a way that is fair, not automatically 50/50. Most cases move forward on no-fault grounds.
Requirements to File
At least one spouse must have been a Kentucky resident (or stationed here in the military) for 180 days immediately before filing. File in the Circuit Court for the county where either spouse resides. Kentucky does not require a pre-filing separation, but a 60-day “living apart” period must pass before the court can enter a Decree of Dissolution. Living apart can occur under the same roof if there is no sexual cohabitation. Courts may order conciliation/counseling at their discretion.
Step-by-Step Process
Step 1: Choose your path and gather forms.
If you agree on property, debts, and (if applicable) parenting, plan an uncontested case. Prepare a Petition for Dissolution of Marriage, Civil Summons, and financial disclosure/affidavit. If you have minor children, draft a parenting plan and complete any parent education your county requires.
Step 2: File with the clerk.
File your packet with the Circuit Court clerk in your county. Pay the filing fee or request an in forma pauperis fee waiver if payment is a hardship. You’ll receive a case number and file-stamped copies.
Step 3: Serve your spouse.
Use sheriff/process server, certified mail where permitted, or a signed Entry of Appearance/Acceptance of Service if your spouse will cooperate. If you cannot locate your spouse after diligent efforts, you can request appointment of a Warning Order Attorney and seek constructive service (including publication).
Step 4: Observe timelines and disclosures.
Your spouse generally has 20 days after in-state service to file an answer (often longer if served outside Kentucky). Exchange complete financial information early; organized disclosures prevent delays and help settlement.
Step 5: Settlement or hearings.
If you reach agreement, submit your Marital Settlement Agreement, any required child support worksheets/orders, and a proposed Decree for the judge’s review. If issues remain, the court may set case management, mediation, and hearings.
Step 6: Final decree.
After the 60-day living-apart requirement is satisfied and paperwork is in order, the court issues a Decree of Dissolution addressing property and debts, maintenance (if any), custody/parenting time, child support, and any name change. Obtain certified copies to update records, benefits, and accounts.
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FAQs
Do we need to be separated before filing in Kentucky?
No. There is no pre-filing separation requirement, but the court cannot enter a Decree until you have lived apart for 60 days (which can be under the same roof without sexual relations).
Which court handles divorces in Kentucky?
The Circuit Court in the county where either spouse resides, often in the Family Court division.
How long does a Kentucky divorce take?
Timing depends on service, disclosures, settlement, and the court calendar. The Decree cannot be entered until the 60-day living-apart period has run.
