Divorce in Kentucky
Kentucky is a no-fault divorce state where the sole ground is the irretrievable breakdown of the marriage. The state uses equitable distribution for property division and requires one spouse to have been a Kentucky resident for at least 180 days.
Quick Facts
Residency Requirement
180 days residency required
Waiting Period
60 days after filing
Filing Fee
$150-$250
Property Division
equitable distribution
Grounds for Divorce
- •Irretrievable breakdown of the marriage
Key Facts
- ★Kentucky is a strictly no-fault divorce state
- ★A 60-day waiting period applies after filing
- ★At least one spouse must have been a Kentucky resident for 180 days
- ★Property is divided by equitable distribution
- ★Kentucky follows the Uniform Child Custody Jurisdiction and Enforcement Act
Child Custody
Kentucky courts award custody based on the best interests of the child. There is a presumption in favor of joint custody and equal parenting time. The court considers each parent's wishes, the child's relationship with each parent, and the child's adjustment to home and community.
Alimony / Spousal Support
Kentucky courts may award maintenance when a spouse lacks sufficient property to meet their needs and is unable to support themselves through employment. The court considers the financial resources of both parties, the time necessary to obtain education or training, and the standard of living during the marriage.
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Common questions about divorce in Kentucky
Yes. Kentucky law establishes a presumption that joint custody and equal parenting time are in the best interests of the child. This presumption can be rebutted if the court finds that joint custody would not serve the child's best interests, such as in cases involving domestic violence.
No. Kentucky is a purely no-fault divorce state. The only ground for divorce is that the marriage is irretrievably broken. Marital misconduct such as adultery or abuse cannot be used as grounds for divorce, though they may be relevant in custody proceedings.