Kentucky Divorce Laws Overview

Kentucky Divorce Laws  Overview

The Kentucky Derby is a world-famous horse race that has been going on since 1875.

If your marriage is not going to be so long lasting, then you need to understand the divorce process in Kentucky.

Is Kentucky a no fault divorce state?

Yes.  Kentucky divorce laws will only grant divorce if it finds that “the marriage is irretrievably broken.” 

Claims of fault, like adultery, are no longer valid grounds for divorce in Kentucky.  KY divorce laws on abandonment are disavowed also.

So if you are wondering how to get a divorce in KY, no fault is the only answer. Bad behavior could have an impact on property division and child custody, though.

Kentucky divorce forms

With easy access to legal information on the internet, plus the high cost of legal help, many people try filing for divorce in Kentucky without a lawyer.

Both Kentucky’s Legal Aid network and the court system offer forms for nearly all the Kentucky divorce papers you will need to complete the divorce process.

Kentucky residency requirements

One unusual factor to consider in Kentucky divorce laws is the long residency requirement.

Most states let you move in and file for divorce within a few weeks. Under divorce laws in Kentucky, you must reside in the state for at least 180 days before you can file for divorce.

That means establishing a residence in the state with an intent to remain.

This can be a real roadblock for someone that is looking to move away from their spouse, and it might be easier for them to complete a divorce in their home state before moving.

How to File for Divorce in KY

Filing for divorce in KY can actually be fairly simple.

A Kentucky divorce form provided by the state government can be generated automatically from information entered online.  Filing for divorce in Kentucky just requires delivering that form to the court, and then making sure your spouse receives a copy.

The form is called a petition for dissolution of marriage.  Kentucky courts will review it and then make findings of fact when granting the divorce and ruling on division of property.

How long does a divorce take in KY?

On top of the residency requirement, anyone seeking a Kentucky divorce decree must wait 60 days before getting a divorce in Kentucky.

The real factor for most couples is resolving their disputes over money and kids.

Some wait to file until an agreement is in place, but others file without even beginning negotiations.  A settlement agreement on property division can take a long time if the court has to be involved in resolving conflicts, and the same is true for a custody and support arrangements for any children.

Cost of divorce in Kentucky

The cost of divorce in KY depends largely on the professional time involved.

An uncontested divorce can be completed by a couple for just a few hundred dollars, and not much more for a lawyer to help finalize an agreement.  If each side has to hire their own lawyer to resolve disputes in court the cost will escalate quickly.

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