Kentucky

Divorce Law Guide

The facts about divorce in Kentucky

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Kentucky, a divorce can be completed on average in a minimum of 180 days, with court fees of $148.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Kentucky for a minimum of six months.

On this page, you can learn about Kentucky's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Kentucky alimony calculation, the property division process and more.

What are the Grounds to Start the Process of a Divorce?

Kentucky laws of the separation are that it is a no-fault state. This law means that no fault needs to be found and the courts are required to file a decree even if the other party does not wish to.

The most time-consuming part of a divorce process is that the courts will want all the particulars, alimony, maintenance, child custody and so on, sorted before they will even consider entering a decree.

To start the process, the Complaint for Divorce and a Decree of Divorce must be filled in the appropriate Court of your county. There can be up to twenty documents necessary for the proceeding, so it is essential to speak with the County Clerk to make sure the right papers are filed and at the right times.

In state of Kentucky a number of factors are taken into account when ending a marriage.

1. Kentucky Grounds for Divorce FAQ

Is Kentucky a no-fault divorce state?

Kentucky allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Kentucky may be "irreconcilable differences", or similar grounds.

The state of Kentucky is exclusively a no-fault divorce state, which means that the only grounds for divorce offered on divorce applications are considered no-fault.

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Does Kentucky allow at-fault divorces?

Kentucky does not support traditional at-fault grounds for divorce, instead offering blanket divorce grounds that do not require either spouse to be proved to be at-fault when filing for divorce.

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Does the state of Kentucky allow incompatibility as grounds for divorce?

Yes, Kentucky does allow incompatibility to be used as grounds for having a divorce.

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Can you get a divorce in Kentucky for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

In Kentucky, married couples who have been living separate and apart for a minimum of two months may be granted a divorce on these grounds when sued for by either spouse.

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2. Kentucky Divorce Process FAQ

Does state of Kentucky allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Kentucky will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

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What's the difference between a divorce and an annulment in Kentucky?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

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How long do I have to live in in the state of Kentucky to get a divorce?

The state of Kentucky requires that spouses suing for divorce to have lived in the state for a minimum of six months prior to filing divorce papers. Otherwise, Kentucky courts are not considered to have jurisdiction over the divorce case.

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What is the filing fee for a divorce in Kentucky?

The court fees for filing the paperwork for a basic divorce in a Kentucky court is $148.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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How long does it take to get a divorce in Kentucky?

If the process moves along without holdups, the paperwork for a divorce in Kentucky can be processed in a minimum of 180 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

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3. Kentucky General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Kentucky. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.