Kentucky’s Residency Requirements for Divorce

kentucky divorce

If you are considering divorce and you reside in Kentucky, it is important that you familiarize yourself with the state’s divorce laws. In the following guide, we will go over Kentucky’s divorce laws, including the residency requirement, and discuss how a knowledgeable Kentucky family law attorney can assist as you navigate this process.

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What Is a Divorce?

In Kentucky, when a couple decides to end their marriage through the courts, it is referred to as a divorce or a dissolution of marriage. Once the divorce is granted, the parties are free to remarry. In addition, during the divorce proceedings, the court may also divide property, order spousal support, and award child custody.

Who Can File for Divorce in Kentucky

In Kentucky, there are strict requirements on who can file for divorce. For instance, the residency requirements indicate that to file for divorce in Kentucky, a party or their spouse must live in the state at the time of the divorce filing and have lived there for 180 days before the time of filing. 

The residency requirement for military personnel also states that these individuals must have been stationed in Kentucky for at least 180 days before filing.

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

Kentucky is known as a no-fault divorce state. This means that a spouse does not have to show that their partner did anything wrong to cause the end of their marriage. State laws only require that at least one spouse believes there is an “irretrievable breakdown” of the marriage and no hope of getting back together. 

Do You Have To Be Separated To Proceed with a Divorce? 

A couple can file for divorce at any time in Kentucky. However, they need to first be separated and live apart for at least 60 days before a judge can grant a final divorce decree. 

In addition, living apart does not necessarily mean the parties must live in separate homes. Instead, the couple can live in the same place as long as they are not having sexual relations. 

Filing for Divorce in Kentucky

To file for divorce in Kentucky, an individual must submit specific paperwork to the court in the county where they or their spouse lives. They must also pay a filing fee or otherwise demonstrate that this payment will be a financial hardship and submit a form requesting a waiver of the costs. 

These documents can vary and will depend on the specifics of the divorce, but often include the following:

  • A Petition for the Dissolution of Marriage
  • A Civil Summons or an entry of Appearance and Waiver
  • Vital Statistics
  • Case Data Information Sheet

For further information about the divorce process and the documents involved, contact an experienced Kentucky family law attorney. These legal professionals can help you through this complex process, ensuring that documents are appropriately prepared and submitted. 

Contact Hoffman Walker & Knauf Today and Learn More About the Divorce Laws in Kentucky

Divorce can be a challenging process, especially when children are involved. Emotions can run high, and disputes may arise. Negotiating a settlement that prioritizes everyone’s best interests, including the children’s, requires skill and sensitivity. 

At Hoffman Walker & Knauf, we understand the significant emotional, mental, physical, and financial impact that divorce can have on a family. More importantly, our family law attorneys have the experience and dedication to support you through this complex process, whether it is resolved through mutual agreement or litigated in court.

For additional details about Kentucky residency requirements regarding divorce or to discuss your case in more detail, contact Hoffman Walker & Knauf today.