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.