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 (KRS 403.140). One spouse must have lived in Kentucky for at least 180 days before filing, and no decree can be entered until the spouses have lived apart for 60 days (KRS 403.170).
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 KRS 403.140. 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. Misconduct is excluded from the financial rulings as well: KRS 403.190(1) directs the court to divide the marital property "without regard to marital misconduct," and the maintenance factors listed in KRS 403.200(2) contain no misconduct element.
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
Kentucky's only statutory 60-day condition on the decree itself is a living-apart requirement. It is not a cooling-off clock that starts when you file.
The living-apart condition. KRS 403.170(1) provides that "no decree shall be entered until the parties have lived apart for 60 days," and the same subsection defines the term broadly: "living apart shall include living under the same roof without sexual cohabitation." In practical terms, a couple can share a residence, sleep in separate rooms, and still satisfy the condition. They do not need to maintain separate households. Because the 60 days are counted from when the spouses began living apart, a couple who had already been living apart that long before filing has satisfied the requirement on the day the petition goes in.
There is no separate waiting period keyed to the filing date. KRS 403.170 imposes no cooling-off period measured from when the petition was filed, and neither does KRS 403.140, which lists what the court must find before entering a decree.
A different 60-day rule applies when there are minor children. Under KRS 403.044, in a divorce action in which there are minor children who are the issue of the marriage, no testimony other than on temporary motions may be taken or heard before 60 days have elapsed from the date of service of summons, the appointment of a warning order attorney, or the filing of an entry of appearance or responsive pleading by the defendant, whichever occurs first. That is a limit on when evidence may be heard, not a bar on the decree, and it does not apply to couples with no minor children.
Beyond these statutory conditions, the real pace of a case is set by the court's calendar and by how quickly the parties resolve their issues.
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; KRS 403.190(1) requires the court to divide marital property without regard to marital misconduct.
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 KRS 403.200. 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.
Child custody and parenting time are decided based on the best interests of the child under KRS 403.270. 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.
Child support in Kentucky follows the Income Shares Model under KRS 403.212, 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, once the parties have lived apart for 60 days (KRS 403.170) 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?
There is no statutory minimum measured from the filing date. The court cannot enter a decree until the spouses have lived apart for 60 days (KRS 403.170), and that period can already have run before the petition was filed. Where there are minor children of the marriage, KRS 403.044 separately bars testimony other than on temporary motions until 60 days after service of summons or the respondent's appearance. In practice, simple uncontested cases often take a few months, and 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 before a decree can be entered (KRS 403.170), but this does not require separate households. Living under the same roof without sexual cohabitation satisfies the statutory definition. The 60 days run from when the spouses began living apart, so the requirement can be met before the petition is ever filed.
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
Corrected the Kentucky timing rules: KRS 403.170 bars a decree until the spouses have lived apart for 60 days and imposes no separate waiting period running from the filing date, the KRS 403.044 testimony rule for cases with minor children was added, a fault statement contradicting KRS 403.190(1) was removed, and two broken links were repaired.
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 2026-09-05 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 24 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- 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 opinions in our collectionLatest citing opinion in our collection: 1993
Opinions citing this section in our collection:
- 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 2026-09-07 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 179 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- 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 2026-09-03 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 113 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Downing v. Downing (2001) held that a court abuses its discretion when it sets support above the top of the KRS 403.212 table relying primarily on a mathematical calculation, without other findings on the children's needs. Cabinet for Health & Family Services v. Ivy (2011) read 403.212 to count a parent's SSI as gross income.
Opinions citing this section in our collection:
- Downing v. Downing (Court of Appeals of Kentucky 2001, 45 S.W.3d 449)✓A father's income rose to $57,000 a month, far above the table's $15,000 ceiling, and support was set at $3,475 by extrapolation. The court held that relying mainly on a projection of the KRS 403.212 table, with no findings on the children's needs, was an abuse of discretion.
- Commonwealth, Cabinet for Health & Family Services v. Ivy (Kentucky Supreme Court 2011, 353 S.W.3d 324)✓A mother whose only income was $637 a month in SSI was ordered to pay $106 in support, then held in contempt. The court held KRS 403.212 counts SSI as gross income, so support could be assessed, but the contempt finding was an abuse of discretion absent proof she could pay.
- Artrip v. Noe (Kentucky Supreme Court 2010, 311 S.W.3d 229)✓After custody shifted, the mother's support was reduced by crediting the children's Social Security benefits from the father's disability. The court held only the disabled parent may take that credit, so deviating from the KRS 403.212 guidelines on that basis abused discretion.
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 2026-09-05 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 315 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Frances v. Frances (2008) held that an initial custody decree falls under the best-interests standard of KRS 403.270, not the modification statute, and that a pre-decree relocation is one factor. Anderson v. Johnson (2011) read KRS 403.270 as requiring only that a court consider all relevant factors; CR 52.01 supplies the findings duty.
Opinions citing this section in our collection:
- 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)✓The Court of Appeals took custody of a six-year-old from her mother based only on two psychologists' depositions and a partial transcript; the court held KRS 403.270 requires all the statutory factors, not evaluations alone, and reinstated the trial judgment.
- Anderson v. Johnson (Kentucky Supreme Court 2011, 350 S.W.3d 453)✓A family court denied a mother's motion to relocate and change timesharing with a single best-interest sentence; the court read KRS 403.270 as directing judges only to consider the listed factors, imposing no findings duty, held CR 52.01 supplies that duty, and remanded.
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
- KRS 403.044 - Testimony in certain cases not taken for sixty days after complaint filed(apps.legislature.ky.gov)
- KRS 403.190 - Disposition of property (division without regard to marital misconduct)(apps.legislature.ky.gov)
- KRS 403.200 - Maintenance, court may grant order for either spouse(apps.legislature.ky.gov)