How to File for Divorce in Kentucky

Divorce—known in Kentucky as a dissolution of marriage—is the legal process of separating from your spouse and ending your marriage. During the process, you’ll divide your assets, debts, and make decisions around child care and support.

Before you dive into the process and file for divorce, it’s important to understand all of the steps you’ll go through and the information you’ll need to gather.

 

Kentucky divorce laws

Kentucky has a number of requirements that must be met before you can file for and finalize a divorce in the state.

Residency requirements

In order to file for divorce in Kentucky, the person filing (the petitioner) must be a resident of Kentucky for at least 180 days. The 180 days of residency applies to those living in Kentucky for military service. 

Grounds for divorce

“Grounds for dissolution” are legally recognized reasons to get a dissolution of marriage. This is your justification for severing the marital relationship. 

Kentucky, like all states, has what are commonly called “no-fault” grounds for dissolution. Unlike most states, Kentucky does not have any fault-based grounds—meaning, you don’t need to prove your reason for getting a divorce. This makes it a true no-fault state, unlike two-thirds of U.S. states, which offer both options. To get a no-fault dissolution in Kentucky, you need to state in the Petition for Dissolution of Marriage that “the marriage of the parties is irretrievably broken.” This is the only available reason for divorce in Kentucky.

If one of the parties denies under oath that the marriage is irretrievably broken, the judge must make a finding as to whether the marriage is irretrievably broken, or continue the case for 30 to 60 days and suggest that the parties seek counseling.

If this happens, the judge will hold another hearing after the couple seeks counseling. If you both agree that your marriage is on the mend, you can suspend the divorce. If one partner still doesn’t want to get divorced, the judge can intervene and will generally still approve the divorce. For many divorces in Kentucky, the counseling period is simply a delay, it doesn’t mean you have to get back together with your partner if you still choose to get a divorce.

Separation requirements

A Decree of Dissolution of Marriage may not be entered unless the parties have “lived apart” (which means they have not had sexual relations, even if they still reside in the same household) for at least 60 days.

If there are minor children, a final hearing may not be held until at least 60 days after the Petition is served on the other party (the respondent). Before finalizing the divorce, the judge must make a provision for child custody, child support, spousal support, and property distribution, if the couple hasn’t already agreed on arrangements.

If you or your spouse is pregnant, you can file for divorce, but the divorce cannot be finalized until after the baby is born.

How to file for divorce in Kentucky in 6 steps

The divorce process in Kentucky will depend slightly on whether or not you and your partner agree upon the separation—whether the divorce is contested or uncontested. 

If you do agree on the terms of your divorce, you’ll pursue an uncontested divorce. If you don’t agree on the divorce or key points in the settlement—such as child custody or support, property division, or spousal support—this is considered a contested divorce.

A contested divorce can take longer and be a more complicated process than an uncontested one, because you will have to enter formal mediation and/or appear before a judge. The more you and your spouse agree, the faster and less costly the process will be.

Though an uncontested divorce will move more quickly, both types of divorce will follow the same basic process: 

Step 1: Consult a divorce attorney

The more complicated your divorce might be, the more likely you’ll benefit from the help of an attorney who can help you sort through the situation and help you advocate for your rights. When two people disagree on the aspects of a divorce, it can become a long, drawn-out process, and having an advocate on your side can help you stay on track.

A family law attorney can help you and your partner to come to a resolution. While working with a divorce lawyer can quickly get pricey, they can save you time and heartache in the long run. A lawyer will be up to date on Kentucky divorce laws and will have experience negotiating divorce settlements.

If you choose to hire a lawyer, they will represent you and advocate for your best interests. To avoid conflict of interest, you and your spouse should use different lawyers.

Step 2: Prepare divorce papers

Whether you choose to hire a lawyer or not, your first step in filing for a divorce will be to prepare the divorce petition. You can prepare your Certificate of Divorce or Annulment (VS-300) online as a fillable PDF. 

Once the form is filled out properly, it will automatically be uploaded to the Office of Vital Statistics.

In addition to filling out the form, you will also need to print two copies in preparation for submission. One copy is for your records and the other should be submitted to your local circuit court clerk. 

Step 3: File the petition

The process for filing your petition for divorce is the same for contested and uncontested divorces. You may file in Circuit Court in the county where either you or your spouse resides. Either spouse can file for divorce or you and your spouse can file jointly.

Along with your VS-300, Certificate of Divorce or Annulment, you’ll also need to file:

• A civil summons or waiver of summons (for uncontested divorce)
• A case data information sheet

If you and your spouse agree on terms, you can include a signed marital settlement agreement, which includes your agreed-upon plans for major arrangements such as property division, child support, and alimony. A judge will review and approve of the arrangements prior to finalizing the divorce.

If you have minor children with your spouse, you may need to file additional forms—and each county has slightly different procedures and forms. Depending on where you live, the requirements will vary. 

When you file your divorce paperwork, you will also have to pay a court filing fee. The filing fee varies between counties, but ranges between $115 and $250. If you cannot afford your filing fee, you can file a Motion for Waiver of Costs and Fees. If your waiver is granted, you won’t be asked to pay any costs during your divorce.

Step 4: Serve divorce papers

After you have filed court paperwork with the appropriate county court, your next step is to serve your spouse with the divorce papers. Serving your spouse officially notifies them that you’ve filed for divorce and gives them the opportunity to review your petition. This step is required, even if you’ve already discussed the divorce with your partner.

Serving your spouse in Kentucky has a few requirements:

• You cannot serve your spouse yourself
• You must have your spouse served by someone who is over 18 and isn’t party to the divorce
• You can hire a process server to serve your spouse or request service from the county Sheriff’s office (for a small fee)
• You can serve your spouse by certified mail and request a return receipt

You must submit proof of service to the court once it's completed. If you hire someone to complete the service for you, the Sheriff or process server will provide you with appropriate paperwork.

Once your spouse has been served, they have 20 days to respond. They can choose from a few courses of action:

• They can agree to your terms
• They can disagree with your terms
• They can choose not to respond

If they choose not to respond, it’s likely that the judge will side with your request for how you want the divorce to proceed.

If you don’t know where your spouse is, you can request that a court-appointed attorney attempt to locate your spouse. If they cannot locate your spouse, the divorce may proceed without them.

If you and your partner have filed for divorce together and are filing for an uncontested divorce, you can skip this step by filing an additional form that waives the need for official service.

Step 5: Negotiate and settle

If your spouse disagrees with anything in the divorce petition, they can file their disagreement with the court. They can request a different division of assets or state that they disagree with the divorce entirely.

You and your spouse must agree upon all terms of the divorce—division of assets, child support, child custody, and spousal support, among other items. If there are disagreements, you will have to negotiate—this is a good time to consider hiring an attorney, if you haven’t already done so.

If you and your spouse cannot come to an agreement on the terms of divorce, you can bring in a neutral third party, such as a mediator to help you find agreement. Going through the mediation process is often less expensive than bringing the disagreement to the court. Successful mediation reclassifies your divorce as uncontested.

If you and your spouse cannot agree on the terms of the divorce, you will appear in court to present evidence arguing for your desired outcome. In this case, the Kentucky court decides the final terms of your divorce. However you reach your settlement agreement, the terms you’ve both agreed to will be clearly stated in the final divorce decree.

Step 6: Court hearing and final judgment

In Kentucky, there is a required 60-day separation period that must be met before the divorce can be finalized. They can live under the same roof but must maintain separate lives and may not have sexual relations.

After the waiting period has been met, the divorce can be finalized. If you and your spouse have agreed upon the terms of the divorce, you’ll receive a final judgment and divorce decree.

If you have not agreed, each spouse’s request will be reviewed by the judge and a decision will be made prior to issuing the divorce decree.

The divorce decree is the final outcome of a divorce case, and signifies a formal and complete end to the marriage.

How much does it cost to file for divorce in KY?

The cost of a divorce in Kentucky will depend upon a variety of factors. The least expensive divorce is one that is amicable and uncontested where you and your partner are able to agree upon all the terms of the divorce. 

You can choose to proceed without an attorney. In this case, you will only be required to pay your county court filing fee, which ranges between $115 and $250.

If your divorce is contested or your and your partner cannot agree upon certain terms of the divorce, then you might incur additional costs. To come to an agreement, you may need to attend mediation or hire a family law attorney. Of the two options, mediation is less expensive.

If you decide to hire a lawyer to represent your interests in the divorce, you can expect to pay a retainer to cover their hourly rate. The average cost of a divorce in the U.S. is $11,300. Many divorce attorneys offer free or low-cost consultations to review the basics of your case and provide you with an estimate.

Though working with an attorney is expensive, it can prevent an unfair or unpleasant settlement that lasts the rest of your life. An attorney is there to represent your best interests and to make sure that you get the best deal possible at the end of your divorce.

Property division in Kentucky

As part of your divorce, you will need to divide all of your shared or marital property. This is any property that was acquired by your and your partner during your marriage.

You will be able to retain any individual or nonmarital property. This includes property you had before you were married or property you inherited during the marriage (among other types).

If you and your spouse cannot reach an agreement on the division of your property, the judge will consider the following factors:

• Each party’s contribution to the acquisition of marital property, including contribution as a homemaker
• The value of the property set apart for each party
• The duration of the marriage
• Each party’s economic circumstances when the property division becomes effective, including the desirability of awarding the family home, or the right to live there for reasonable periods, to the party having custody of any children

Alimony in KY

Another aspect of the divorce settlement is deciding whether or not one spouse will provide financial assistance to the other spouse for a period of time during their post-divorce life. This is known as alimony or spousal support. 

Alimony is called “maintenance” in Kentucky. Absent an agreement of the parties, the court may only order maintenance in the following scenarios: 

1. The party seeking maintenance lacks sufficient assets to provide for their reasonable needs
2. The spouse in need Is unable to become self-supporting through appropriate employment
3. The requesting spouse is the custodian of a child whose circumstances make it inappropriate that the spouse be required to seek employment

Maintenance may be ordered for a period of time that the judge finds just, after considering the following factors:

• The financial resources of the party seeking maintenance (including after the property division)
• The ability of the requesting spouse to meet their needs independently
• Whether or not the requesting party is receiving child support
• The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment
• The standard of living established during the marriage
• The duration of the marriage
• The age, physical health, and emotional condition of the party seeking maintenance
• The ability of the party from whom maintenance is sought to meet his or her needs while paying maintenance

Child custody and support in KY

If you and your spouse have any minor children, there will have to be a custody determination. This comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. 

If you and your spouse cannot reach an agreement on custody, the judge will make a decision based on what is in the best interests of the child.

In addition to a child’s parents, in some cases the court will also consider what is called a de facto custodian. A de facto custodian is someone other than a child’s parent who has “been shown by clear and convincing evidence” to have been the child’s primary caregiver and financial supporter.

Kentucky child custody law requires the judge to act in the best interests of the child, and give equal consideration to each parent and any de facto custodian. 

The judge must consider the following factors: 

• The wishes of the parties, and any de facto custodian
• The wishes of the child
• The relationship between the child and parents, siblings, and other significant persons
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Any evidence of domestic violence which is shown to affect the child
• The extent to which any de facto custodian cared for, nurtured, and supported the child
• The intent of the parents in placing the child with a de facto custodian
• The circumstances under which the child came to live with a de facto custodian

A decision must also be made about how the children will be financially supported. This often comes down to one parent paying money to the other. Child support is determined by taking into account the needs of the child and each parent’s relative ability to meet those needs. This is determined by reference to the Kentucky child support guidelines.

FAQs

How long does a divorce take in Kentucky?

Each divorce is unique. If you and your spouse are in agreement upon the terms of the divorce, the minimum length of the divorce will be 60 days. Kentucky has a 60 day separation period, during which a couple may still live together but can not have sexual relations.

If you and your spouse do not agree to the terms of the divorce and need to hire a mediator or lawyer or work with the court to make final decisions on the terms, the divorce could take anywhere between six months and two years. 

Can I file for divorce online in Kentucky?

You must submit your paperwork in person to your local county court, but you can fill out your petition for divorce online using a fillable PDF. 

Do I need a lawyer to file for divorce in Kentucky?

Kentucky does not require you to hire a lawyer for your divorce. However, it’s important to note that a lawyer will be able to advocate for your best interests and ensure that you’re not taken advantage of in your final divorce agreement.

 

Edward A. Haman, Esq. contributed to this article.