Divorce in Kentucky
Thinking about ending your marriage in Kentucky? You’re not alone. Thousands of Kentuckians file for divorce each year — and while the process can feel confusing, Kentucky’s no-fault divorce system makes it possible to move forward without blame or unnecessary conflict.
Whether you’ve been married a few years or several decades, you have the legal right to dissolve your marriage — even if your spouse doesn’t agree. The process is designed to ensure fairness in property division, child custody, and financial support.
Kentucky divorce law is no-fault, meaning you don’t need to prove wrongdoing. You can simply state that your marriage is “irretrievably broken,” and the court will accept that as grounds for divorce.
Do I Need My Spouse’s Permission to File?
No. In Kentucky, you can file for divorce without your spouse’s consent. They cannot stop the process even if they don’t respond. If your spouse refuses to participate, the court can still grant a divorce by default once all legal requirements are met.
How Long Does the Divorce Process Take in Kentucky?
The minimum waiting period is 60 days after filing, but most divorces take longer — especially if children, property, or finances are involved.
The more issues you and your spouse can agree on, the faster your case will move.
I Just Moved to Kentucky — Can I File for Divorce Now?
You can file only if you or your spouse has lived in Kentucky for at least 180 days before filing your petition. You can file in the county where either of you currently resides.
If you don’t yet meet the residency requirement, you’ll need to wait until you do before filing your case.
The Kentucky Divorce Process
Step 1: Start the Case
File your Petition for Dissolution of Marriage in your county’s Circuit Court and pay the filing fee (usually around $150–$200).
Step 2: Notify Your Spouse
Legally serve your spouse with divorce papers through certified mail, sheriff’s service, or a process server.
Step 3: Financial Disclosures
Both spouses must disclose income, debts, property, and expenses. Full transparency is required before the court divides assets.
Step 4: Settle or Go to Court
If you and your spouse agree on property, custody, and support, your divorce can be finalized quickly. If not, a judge will decide at trial.
Step 5: Finalize the Divorce
After the waiting period and resolution of all issues, the court issues a Final Decree of Dissolution, officially ending your marriage.
Common Kentucky Divorce Questions
Is Kentucky a no-fault divorce state?
Yes. “Irretrievable breakdown” is the only ground for divorce. You don’t need to prove fault like adultery or abuse.
What if we have children?
The court prioritizes the best interests of the child. Kentucky generally favors joint custody and shared parenting time when possible.
How is property divided?
Kentucky follows equitable distribution, meaning assets are divided fairly — not always equally — based on contributions and circumstances.
Can I get spousal support (maintenance)?
Yes, if you lack sufficient income or resources to support yourself. The court considers your financial need, length of marriage, and ability to work.