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Kentucky Divorce Facts

When going through a divorce in in Kentucky, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Kentucky should know. The facts listed here are only a selected few of the more comprehensive set of Kentucky Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Kentucky Divorce Professional.

  • Kentucky divorce law states that the filing party must meet certain conditions before a Court can legally dissolve his or her marriage. The filing spouse must have lived in the state, or been an active member of the military stationed in the state, for at least 180 days before he or she can file for divorce.
  • The court must decide if the marriage is irrevocably broken.
  • Only credible witnesses can prove residency.
  • The courts have the power to approve a request for a legal separation rather than a divorce, provided both parties agree.
  • Verified Divorce Petitions in Kentucky must explicitly state: the name, birth date, social security number and address of each party and their minor children; the date and place the marriage commenced and the date the parties separated, the plans for custody, visitation, child support, and alimony, and the relief the filing party seeks.
  • In a Kentucky divorce involving children, the law requires a mandatory 60-day waiting period before the Court can make a lasting decision in the case. The waiting period starts on the service date of the petition. However, until it expires, a court can issue a temporary order for pressing matters. A full waiting period may not be necessary if an attorney representing a defendant/respondent files an entry of appearance.
  • In dividing property, the courts consider what property each spouse has contributed to the marriage and its value, how long the marriage lasted, how the divorce affects the finances of each party, and whether the domiciliary parent should have rights to the couple's home.
  • When a spouse fails to pay child support, the custodial parent should contact the Department for Community Based Services, Child Support Division. This agency also provides guidelines to help calculate how much each parent must pay in child support.

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