How Long Do You Have To Wait To Get Divorced in Kentucky?

kentucky divorce laws

If you are considering divorce and reside in Kentucky, it is important to familiarize yourself with the state’s divorce laws. This is because you will be responsible for a series of decisions that could potentially impact aspects of your life. To better help you understand the divorce process, we have prepared the guide below. In it, we will go into greater detail about these issues, including the length of time you will need to wait before you can get divorced in Kentucky.

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Who Can File for Divorce in Kentucky?

In Kentucky, specific residency requirements dictate who can file for divorce. To be eligible for a divorce in Kentucky, either you or your spouse must be a resident of the state at the time the divorce papers are filed and must have lived there for 180 days before filing. Military personnel must be stationed in Kentucky for a minimum of 180 days before filing for divorce.

Filing for Divorce in Kentucky

Kentucky, like most other states, allows for no-fault grounds when seeking a divorce. This means that if you want to obtain a no-fault divorce in Kentucky, one of the parties must mention in the Petition for Dissolution of Marriage that “the marriage of the parties is irretrievably broken.” This statement serves as the reason for ending the marital relationship.

However, the judge cannot grant the divorce decree until the couple has lived apart for at least 60 days. Living apart can include living under the same roof as long as no sexual activity is involved. 

Do You Have To Prove Fault To Obtain a Divorce in Kentucky

Kentucky allows for a no-fault divorce. This means the courts in Kentucky do not grant a divorce based on fault. Instead, the court only needs to find that the marriage is irretrievably broken and cannot consider the reason for the breakdown.

What Specific Issues Will Need To Be Resolved When You File for Divorce in Kentucky?

If you are filing for divorce in Kentucky, several issues will need to be figured out, including:

  • Child support and child custody of minor children
  • The amount of time each parent will spend with the children
  • Spousal maintenance
  • Insurance coverage
  • Payment of debts and other bills
  • Division of property
  • Division of retirement or pension accounts
  • Child support

To learn more about these issues and the divorce process, consider reviewing your questions and concerns with an experienced Kentucky family law attorney as soon as possible.

Contact Hoffman Walker & Knauf Today To Learn More

At Hoffman Walker & Knauf, we are dedicated to providing vigorous representation for our clients. Our legal team, led by attorney Greta Hoffman Walker, has over 35 years of combined experience in various areas of law, such as divorce, criminal defense, probate, and estate planning. More importantly, our firm handles everything related to your case, from collecting and analyzing evidence to protecting your rights and achieving the best possible outcome as quickly as possible. 

If you are looking for further information about filing for divorce in Kentucky, contact us today to learn more about the services we offer.