Kentucky · Divorce laws · Updated Oct 2026

Kentucky divorce laws

Who can file for divorce in Kentucky, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.

180 daysresidency to file
See the rulewaiting period
Irretrievable breakdownno-fault ground
Equitable distributionproperty
Check with your courtfiling fee

Where and how to file in Kentucky

Who can file (residency)
You or your spouse must have lived in Kentucky (or been stationed there in the military) for 180 days before you file.
Waiting period
No decree can be entered until you and your spouse have lived apart for 60 days. Living apart can be under the same roof, as long as you don't have sex. If you have minor children, expect the court to wait at least 60 days after service before taking final testimony (ask your clerk about local practice).
Court
Family Court (or Circuit Court where there is no family court) in the county where you or your spouse live
Official forms
Divorce forms (Kentucky courts)
Court self-help
Divorce self-help (Kentucky courts)
Filing fee
Check with your court
If you can't afford the fee
File a motion to proceed in forma pauperis (Waiver of Costs and Fees); the Kentucky courts' self-help portal has a guided interview: https://www.kycourts.gov/Legal-Help/Pages/Self-Help-Portal.aspx
Simpler process for agreed cases
If you agree and have no children, the Kentucky courts' self-help portal has a guided 'Divorce without Children' interview. Agreed divorces are often decided on affidavits and a settlement agreement without a contested hearing after the 60 days, depending on local rules.
E-filing
Kentucky uses File & Serve (eFiling), mainly for attorneys; self-represented people usually file on paper with the circuit clerk.
Law
KRS 403.140(1)(a) · KRS 403.170(1); KRS 403.044 (children; not re-read)

Divorce in Kentucky, step by step

  1. Check that you can file in Kentucky

    You or your spouse must have lived in Kentucky (or been stationed there in the military) for 180 days before you file.

  2. Get the official forms

    Use the court's official divorce forms: Divorce forms (Kentucky courts) If you agree and have no children, the Kentucky courts' self-help portal has a guided 'Divorce without Children' interview.

  3. File the papers and pay the fee, or ask for a waiver

    File with the Family Court (or Circuit Court where there is no family court) in the county where you or your spouse live. Can't afford it? File a motion to proceed in forma pauperis (Waiver of Costs and Fees); the Kentucky courts' self-help portal has a guided interview: https://www.kycourts.gov/Legal-Help/Pages/Self-Help-Portal.aspx.

  4. Serve your spouse

    Your spouse must be served with the petition and summons, usually by certified mail through the circuit clerk or by the sheriff.

  5. Your spouse responds

    Generally 20 days after service (Ky. R. Civ. P. 12.01); check the deadline on your summons. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

  6. Wait out the waiting period

    No decree can be entered until you and your spouse have lived apart for 60 days.

  7. Agree, or go to mediation or a hearing

    Common. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

  8. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. Ask in your petition (or later) for the court to restore your maiden or former name.

Free tools for Kentucky

Pre-set for Kentucky. They run in your browser and send nothing.

Divorce timeline estimator for Kentucky

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Leave empty if your spouse hasn't been served yet.

Enter your filing dateThe earliest date appears when you enter a date.

An estimate from the waiting-period rule in our data, not legal advice. We compute a date only when the rule is one simple number of days or months counted from filing or from service; court schedules often add time.

Grounds for divorce in Kentucky

No-fault ground
the marriage is irretrievably broken
Fault grounds
Not available: no-fault only
Living apart first
60 days living apart before the decree (can be under the same roof without sexual relations)
Law
KRS 403.140(1)(c), 403.170

Property and debts in Kentucky

System
Equitable distribution
The rule
Each spouse keeps their nonmarital property (owned before marriage, or gifts and inheritances). Marital property is divided in 'just proportions' without regard to marital misconduct, considering contributions (including as homemaker), the value of property each keeps, length of the marriage and economic circumstances.
Law
KRS 403.190

Alimony (spousal support) in Kentucky

Called maintenance. The court may award it only if the spouse asking lacks enough property to meet reasonable needs and can't support themselves through work (or has custody of a child who needs them at home). Amount and length depend on factors like the standard of living, length of the marriage, age, health, and time needed for training; misconduct can be considered. KRS 403.200.

Children: custody and support in Kentucky

What Kentucky calls custody
custody and timesharing (Kentucky presumes joint custody and equal parenting time)
Parenting class
Many Kentucky family courts require a parenting class (for example, a 'Families in Transition' program) when you have minor children; check local rules.
Child support agency
Kentucky Child Support (Cabinet for Health and Family Services)

Serving your spouse in Kentucky

How your spouse gets the papers
Your spouse must be served with the petition and summons, usually by certified mail through the circuit clerk or by the sheriff. Your spouse can sign an Entry of Appearance and Waiver instead.
Time to respond
Generally 20 days after service (Ky. R. Civ. P. 12.01); check the deadline on your summons.
Law
Ky. R. Civ. P. 4, 12.01

Going back to a former name in Kentucky

Yes. Ask in your petition (or later) for the court to restore your maiden or former name.

Mediation in Kentucky

Common. Many family courts order mediation in contested custody and property cases.

If you are in danger

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.

Protective orders in Kentucky: If you are in danger, call 911. Protective order information: https://www.kyjustice.org/topics/victims-crime/protective-orders and the Kentucky courts' Protective Order booklet: https://www.kycourts.gov/Legal-Help/Documents/P123ProtectiveOrderBooklet.pdf

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Free help in Kentucky

Good to know in Kentucky

  • In Kentucky, your 60 days of living apart can count while you still share a home, as long as you don't have sexual relations (KRS 403.170).
  • Kentucky law presumes joint custody and equal parenting time is in the child's best interest (KRS 403.270, since 2018).

Divorce checklist for Kentucky

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About your situation

Questions about divorce in Kentucky

How long do you have to live in Kentucky to file for divorce?

You or your spouse must have lived in Kentucky (or been stationed there in the military) for 180 days before you file.

How long does a divorce take in Kentucky?

No decree can be entered until you and your spouse have lived apart for 60 days. Living apart can be under the same roof, as long as you don't have sex. If you have minor children, expect the court to wait at least 60 days after service before taking final testimony (ask your clerk about local practice).

What are the grounds for divorce in Kentucky?

Kentucky's no-fault ground is the marriage is irretrievably broken. Kentucky has no fault grounds. 60 days living apart before the decree (can be under the same roof without sexual relations)

Is Kentucky a community property state?

No. Kentucky uses equitable distribution. Each spouse keeps their nonmarital property (owned before marriage, or gifts and inheritances). Marital property is divided in 'just proportions' without regard to marital misconduct, considering contributions (including as homemaker), the value of property each keeps, length of the marriage and economic circumstances.

Can I get the divorce filing fee waived in Kentucky?

File a motion to proceed in forma pauperis (Waiver of Costs and Fees); the Kentucky courts' self-help portal has a guided interview: https://www.kycourts.gov/Legal-Help/Pages/Self-Help-Portal.aspx

Is there a simpler divorce process in Kentucky?

If you agree and have no children, the Kentucky courts' self-help portal has a guided 'Divorce without Children' interview. Agreed divorces are often decided on affidavits and a settlement agreement without a contested hearing after the 60 days, depending on local rules.

How long does my spouse have to respond in Kentucky?

Generally 20 days after service (Ky. R. Civ. P. 12.01); check the deadline on your summons.

Can I change my name back in a divorce in Kentucky?

Yes. Ask in your petition (or later) for the court to restore your maiden or former name.

Is mediation required in a divorce in Kentucky?

Common. Many family courts order mediation in contested custody and property cases.

Do divorcing parents have to take a class in Kentucky?

Many Kentucky family courts require a parenting class (for example, a 'Families in Transition' program) when you have minor children; check local rules.

How does alimony work in Kentucky?

Called maintenance. The court may award it only if the spouse asking lacks enough property to meet reasonable needs and can't support themselves through work (or has custody of a child who needs them at home). Amount and length depend on factors like the standard of living, length of the marriage, age, health, and time needed for training; misconduct can be considered. KRS 403.200.

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