Kentucky
Kentucky Divorce Laws (2026): Grounds, Residency, and Process
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 3 primary sources cited on this page. How we verify our legal content
Kentucky is a pure no-fault divorce state, meaning the only ground for divorce is that the marriage is irretrievably broken (). One spouse must have lived in Kentucky for at least 180 days before filing, and a 60-day waiting period applies from the date of filing before the court may enter a final decree.
Grounds for divorce in Kentucky
Kentucky is a pure no-fault divorce state. The only statutory ground is that the marriage is irretrievably broken, as set out in . There are no fault-based grounds such as adultery, cruelty, or abandonment available in Kentucky. If one spouse alleges irretrievable breakdown and the other denies it, the court may continue the case for up to 60 days and suggest counseling, but the denial cannot permanently block the divorce.
Because fault is irrelevant to the dissolution itself, evidence of misconduct during the marriage is generally not admissible to affect the divorce decree. Fault may, however, be considered in some circumstances when the court divides property or awards maintenance, but Kentucky courts apply this sparingly.
The irretrievable breakdown standard is intentionally broad. You do not need to prove any particular act or failure by your spouse. The court simply needs to be satisfied that the marriage is beyond repair.
Residency requirement
Before you can file for divorce in Kentucky, at least one of the spouses must have been a Kentucky resident, or stationed in Kentucky as a member of the armed forces, for a minimum of 180 days immediately before the petition is filed (KRS 403.140(1)(a)).
There is no county-specific residency requirement. You file in the Circuit Court of any Kentucky county where either spouse resides, and the court's Family Court division handles the case. If your county does not have a dedicated Family Court, the Circuit Court still has jurisdiction.
If neither spouse meets the 180-day threshold, you must wait until the requirement is satisfied before filing. The court will dismiss a petition filed prematurely.
Waiting period and separation
These two concepts are different and Kentucky's rules are specific on both points.
Waiting period. Under , the court cannot enter a final decree until 60 days have passed from the date the petition was filed. This is a cooling-off period built into the process. It applies even in uncontested cases where both spouses agree on everything.
Separation requirement. The statute also requires that the parties have lived apart for 60 days as a condition of obtaining the divorce (). This sounds like a separation requirement, but Kentucky defines "lived apart" to include situations where the spouses still share the same residence, as long as they are not engaged in sexual cohabitation. In practical terms, a couple can live under the same roof, sleep in separate rooms, and still satisfy the "lived apart" condition. They do not need to maintain separate households.
The two 60-day periods often run concurrently in practice, so a straightforward case may resolve relatively quickly after the waiting period expires, assuming all issues are settled.
How property is divided
Kentucky is an equitable distribution state, not a community property state. That distinction matters significantly for how a judge divides assets and debts at divorce.
In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), marital property is generally split 50/50. In equitable distribution states like Kentucky, the court divides marital property in a manner it considers fair under the circumstances of that particular case. Fair does not always mean equal.
Kentucky courts first classify each asset and debt as either marital or separate. Marital property generally includes income earned and assets acquired during the marriage, regardless of which spouse's name is on the title. Separate property typically includes assets owned before the marriage, inheritances received by one spouse, and gifts made to one spouse individually. Separate property is not divided at divorce; only marital property is subject to distribution.
When dividing marital property, the court considers factors such as each spouse's economic circumstances, contributions to the marital estate (including contributions as a homemaker), and the duration of the marriage. Fault in causing the breakdown of the marriage is not a factor in the property division analysis.
Alimony, custody, and child support
Divorce proceedings in Kentucky often address three related but distinct issues: spousal maintenance (alimony), child custody, and child support. Each is governed by its own statutory framework and can be resolved by agreement of the parties or by the court at trial.
Spousal maintenance in Kentucky is governed by . The court may award maintenance to either spouse if that spouse lacks sufficient property to provide for reasonable needs and cannot support themselves through appropriate employment or is the custodian of a young child whose condition makes it impractical to seek work. The amount and duration of maintenance depend on factors including the standard of living during the marriage and each spouse's financial resources.
For more detail on what a Kentucky court considers in awarding or denying maintenance, see the Kentucky alimony laws page at [/us-laws/alimony/kentucky-alimony-laws].
Child custody and parenting time are decided based on the best interests of the child under . Kentucky courts must consider joint custody as an option and there is a legislative preference for both parents remaining active in a child's life after divorce. For a full breakdown, see the Kentucky child custody laws page at [/us-laws/child-custody/kentucky-child-custody-laws].
Child support in Kentucky follows the Income Shares Model under , which combines both parents' incomes to estimate what the child would have received had the family remained intact. For the formula and current guidelines, see the child support resources available through the courts. Estimate your payment with our Kentucky child support calculator.
How to file for divorce in Kentucky
The process for obtaining a divorce in Kentucky follows a predictable sequence whether the case is contested or uncontested.
First, confirm that you satisfy the 180-day residency requirement. If you do not yet qualify, you will need to wait before filing.
Second, prepare and file the Petition for Dissolution of Marriage in the Circuit Court (Family Court division) of the county where either you or your spouse lives. Kentucky courts provide self-help forms through the Family Court system for parties who do not have an attorney.
Third, serve your spouse with a copy of the petition and the court's summons. Proper service is required to give the court jurisdiction over both parties. Your spouse then has a deadline to file a response.
Fourth, both spouses complete financial disclosure forms. Kentucky requires each party to exchange information about income, assets, debts, and expenses so that property division, maintenance, and support can be calculated fairly.
Fifth, if you and your spouse agree on all issues (property, debts, maintenance, and parenting arrangements if children are involved), you can submit a separation agreement and marital settlement agreement for the court's approval. The judge reviews it to ensure it is not unconscionable.
Sixth, after the 60-day waiting period has elapsed and all issues are resolved, the judge enters the Decree of Dissolution of Marriage. The marriage is legally ended as of the date of the decree.
Contested cases, where the spouses disagree on property division, custody, or other issues, follow the same basic path but involve additional steps including discovery, mediation, and potentially a trial before the judge.
This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Kentucky.
Related pages: Divorce Laws by State (hub) | Kentucky Alimony Laws | Kentucky Child Custody Laws
More Kentucky Laws
Frequently Asked Questions
How long does it take to get a divorce in Kentucky?
At minimum, 60 days from the date of filing before a final decree can be entered (KRS 403.170). Simple uncontested cases sometimes resolve shortly after that window closes. Contested cases involving disputes over property, custody, or support can take several months to over a year.
How much does a divorce cost in Kentucky?
Filing fees vary by county but are typically in the range of $100 to $200 at the Circuit Court clerk's office. If you hire an attorney, legal fees depend on how complex and contested the case is. Uncontested divorces handled with limited representation cost far less than fully litigated cases.
Do I need a reason to divorce in Kentucky?
No. Kentucky is a pure no-fault state. The only ground is that the marriage is irretrievably broken (KRS 403.140). You do not need to prove adultery, cruelty, abandonment, or any other misconduct by your spouse.
Is Kentucky a community property state?
No. Kentucky is an equitable distribution state. Marital property is divided fairly based on the circumstances of the case, which does not necessarily mean a 50/50 split. Only the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) divide marital assets equally by default.
How long do I have to be separated to get divorced in Kentucky?
Kentucky requires the parties to have lived apart for 60 days, but this does not require separate households. Living under the same roof without sexual cohabitation satisfies the statutory definition. This 60-day period often runs concurrently with the 60-day waiting period from filing.
Can I get divorced in Kentucky without my spouse agreeing?
Yes. If one spouse alleges the marriage is irretrievably broken, the other spouse cannot permanently block the divorce by denying it. The court may pause proceedings for up to 60 days to allow for counseling, but ultimately the judge can grant the divorce over the other spouse's objection.
Do I have to live in Kentucky to file for divorce there?
At least one spouse must have been a Kentucky resident, or stationed in Kentucky, for at least 180 days before the petition is filed. If neither spouse meets that threshold, you cannot file in Kentucky until the requirement is satisfied.
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Updates
Fixed a statute citation that pointed to the wrong Kentucky Revised Statutes section, corrected an in-text citation for the 60-day separation rule, and updated a stale courts.ky.gov self-help link to the current kycourts.gov Self-Help Portal.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 403: DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
§ 403.140Marriage -- Court may enter decree of dissolution or separationIn force
(1) The Circuit Court shall enter a decree of dissolution of marriage if: (a) The court finds that one (1) of the parties, at the time the action was commenced, resided in this state, or was stationed in this state while a member of the armed services, and that the residence or military presence has been maintained for 180 days next preceding the filing of the petition; (b) The court finds that the conciliation provisions of KRS 403.170 either do not apply or have been met; (c) The court finds that the marriage is irretrievably broken; and (d) To the extent it has jurisdiction to do so, the court has considered, approved or made provision for child custody, the support of any child of the marriage entitled to support, the maintenance of either spouse, and the disposition of property. (2) If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects, in which latter event the other provisions of this chapter shall apply.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 24 court opinionsMost recently applied by a court: 2024
Leading cases:
- Clements v. Harris (Kentucky Supreme Court 2002, 89 S.W.3d 403)“…a divorce for the cause set out in this chapter.”). . KRS 403.140(l)(a). .While Kentucky adopted ve…”
- Putnam v. Fanning (Court of Appeals of Kentucky (pre-1976) 1973, 495 S.W.2d 175)“…petitioner to prevent the entry of a decree of dissolution (KRS 403.140) in a divorce case before determination…”
- Jeffrey v. Jeffrey (Court of Appeals of Kentucky 2004, 153 S.W.3d 849)“…r of the family court on the grounds that it had misapplied KRS 403.140 and the divisible divorce doctrine in i…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 403.170Marriage -- Irretrievable breakdownIn force
(1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken. No decree shall be entered until the parties have lived apart for 60 days. Living apart shall include living under the same roof without sexual cohabitation. The court may order a conciliation conference as a part of the hearing. (2) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation, and shall: (a) Make a finding whether the marriage is irretrievably broken; or (b) Continue the matter for further hearing not fewer than 30 nor more than 60 days later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling. The court, at the request of either party shall, or on its own motion may, order a conciliation conference.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 3 court opinionsMost recently applied by a court: 1993
Leading cases:
- Putnam v. Fanning (Court of Appeals of Kentucky (pre-1976) 1973, 495 S.W.2d 175)“…n so doing can it find “that the conciliation provisions of KRS 403.170 do not apply” without having granted a…”
- Goldman v. Eichenholz (Kentucky Supreme Court 1993, 851 S.W.2d 463)“…ken and demanding the reconciliation conference provided by KRS 403.170(2)(b). On Motion of appellee Bernson,…”
- Laffosse v. Laffosse (Court of Appeals of Kentucky 1978, 564 S.W.2d 220)“…s Kentucky Family Law, § 23.30 (1974 Supp.) commenting on KRS 403.170 states, “This section is not intended t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 403.200Maintenance -- Court may grant order for either spouseIn forcecited in 3 of our articles
(1) In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: (a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and (b) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 179 court opinionsMost recently applied by a court: 2026
Leading cases:
- Gentry v. Gentry (Kentucky Supreme Court 1990, 798 S.W.2d 928)“…todian not be required to seek employment outside the home. KRS 403.200(1). The Fayette Circuit Court determi…”
- Inman v. Inman (Court of Appeals of Kentucky 1979, 578 S.W.2d 266)“…of periodic maintenance payment to Mrs. Inman is improper. KRS 403.200 provides: In a proceeding for dissolu…”
- Age v. Age (Court of Appeals of Kentucky 2011, 340 S.W.3d 88)“…held as the method for establishing maintenance. In fact, KRS 403.200(1)(a) and (b) set out the required find…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Kentucky: Is It Recognized? (2026), Kentucky Maintenance (Alimony) Laws: How It Works (2026)
§ 403.212Child support guidelines -- Administrative regulation establishing a child support obligation worksheet, manual with examples on Attorney General's website -- Terms to be applied in calculations -- TableIn forcecited in 4 of our articles
(1) The following provisions and child support table shall be the child support guidelines established for the Commonwealth of Kentucky. (2) The Office of the Attorney General shall: (a) Promulgate an administrative regulation in accordance with KRS Chapter 13A establishing a child support obligation worksheet; and (b) Make accessible on its website a manual providing examples or illustrations of the application of the child support guidelines and the child support obligation worksheet. (3) For the purposes of the child support guidelines: (a) "Income" means actual gross income of the parent if employed to full capacity or potential income if unemployed or underemployed; (b) "Gross income" includes income from any source, except as excluded in this subsection, and includes but is not limited to income from salaries, wages, retirement and pension funds, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, Supplemental Security Income (SSI), gifts, prizes, and alimony or maintenance received.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 113 court opinionsMost recently applied by a court: 2026
Leading cases:
- Downing v. Downing (Court of Appeals of Kentucky 2001, 45 S.W.3d 449)“…ild support. The child support guidelines set out in KRS 403.212 serve as a rebuttable presumption for t…”
- Commonwealth, Cabinet for Health & Family Services v. Ivy (Kentucky Supreme Court 2011, 353 S.W.3d 324)“…mount was determined by applying the child-support table in KRS 403.212 to Ivy's and Barnes's combined monthly…”
- Artrip v. Noe (Kentucky Supreme Court 2010, 311 S.W.3d 229)“…ate adjustment of the child support guidelines set forth in KRS 403.212. Accordingly, the trial court allowed t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Child Support Laws (2026): Guidelines & Calculator
§ 403.270Custodial issues -- Best interests of child to be determining factor -- Rebuttable presumption that joint custody and equally shared parenting time is in child's best interests -- De facto custodianIn forcecited in 3 of our articles
(1) (a) As used in this chapter and KRS 405.020, unless the context requires otherwise, "de facto custodian" means a person who has been shown by clear and convincing evidence to have been the primary caregiver for, and financial supporter of, a child who within the last two (2) years has resided with the person for an aggregate period of six (6) months or more if the child is under three (3) years of age and for an aggregate period of one (1) year or more if the child is three (3) years of age or older or has been placed by the Department for Community Based Services. Any period of time after a legal proceeding has been commenced by a parent seeking to regain custody of the child shall not be included in determining whether the child has resided with the person for the required minimum period. (b) A person shall not be a de facto custodian until a court determines by clear and convincing evidence that the person meets the definition of de facto custodian established in paragraph (a) of this subsection.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 315 court opinionsMost recently applied by a court: 2026
Leading cases:
- Moore v. Asente (Kentucky Supreme Court 2003, 110 S.W.3d 336)“…act. 1998 Ky. Acts ch. 250 (codified in substantial part as KRS 403.270(1)). Under the act, "`de facto custodia…”
- Reichle v. Reichle (Kentucky Supreme Court 1986, 719 S.W.2d 442)“…ding the child’s best interests that they were compelled by KRS 403.270 to hold that custody be awarded to the…”
- Anderson v. Johnson (Kentucky Supreme Court 2011, 350 S.W.3d 453)“…est interests of a child are, which are partially listed in KRS 403.270, but include all relevant facts.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Child Custody Laws by State (2026): Types, Best Interests, and Joint-Custody Rules, Kentucky Child Custody Laws (2026): Joint Custody, Equal Parenting Time, and Your Rights
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Sources and References
- KRS 403.140 - Dissolution of marriage, grounds and residency(apps.legislature.ky.gov).gov
- KRS 403.170 - Temporary orders and 60-day waiting period(apps.legislature.ky.gov).gov
- Kentucky Courts Self-Help Portal(kycourts.gov).gov