Divorce FAQ — Kentucky Divorce Questions Answered

How long do I have to live in Kentucky before I can file for divorce?

You must have been a resident of the Commonwealth of Kentucky for at least 180 days (approximately six months) before you can file for divorce. At least one spouse must meet this residency requirement. The divorce petition is typically filed in the county where either spouse resides.

Is Kentucky a no-fault divorce state?

Yes. Kentucky is a no-fault divorce state. The only ground for divorce is that the marriage is “irretrievably broken.” Neither spouse needs to prove fault such as adultery or abuse to obtain a divorce. This means the court does not assign blame to either party when granting the divorce.

How is property divided in a Kentucky divorce?

Kentucky uses “equitable distribution,” which means the court divides marital property in a manner that is fair, though not necessarily equal. Factors the court considers include the length of the marriage, each spouse’s economic circumstances, contributions to the marriage (including homemaking), and the value of property set apart to each spouse. Separate property — assets owned before the marriage or received as gifts or inheritance — is generally not subject to division.

How is child custody determined in Kentucky?

Kentucky courts determine custody based on the best interests of the child. Factors include each parent’s relationship with the child, the child’s adjustment to home, school, and community, the mental and physical health of all parties, and any history of domestic violence. Kentucky law does not favor one parent over the other based on gender. Learn more about child custody in Kentucky.

What is the difference between contested and uncontested divorce?

An uncontested divorce is one where both spouses agree on all issues including property division, custody, child support, and spousal support. A contested divorce involves disagreements that require court hearings and possibly a trial to resolve. Uncontested divorces are typically faster, less expensive, and less emotionally draining. Learn more about the divorce process.

How long does a divorce take in Kentucky?

The timeline varies significantly. Kentucky requires a 60-day waiting period from the date the respondent is served before a divorce can be finalized. An uncontested divorce with all agreements in place can be completed relatively quickly after that period. Contested divorces involving custody disputes, complex property issues, or disagreements over support can take several months or longer to resolve.

Do I need an attorney for my divorce?

While you are not legally required to have an attorney, divorce involves complex legal, financial, and emotional issues. An experienced attorney can protect your rights, ensure fair property division, help establish appropriate custody arrangements, and help you avoid costly mistakes that could affect you for years to come. At Larmour Law Offices, we offer consultations so you can understand your options before making any decisions.