The Divorce Process in Kentucky: A Step-by-Step Guide

Going through a divorce is never easy, and it can feel overwhelming with all the decisions to make and the steps to follow. Whether you and your spouse are in agreement or things are more complicated, understanding how the divorce process works in Kentucky can make the journey a little less stressful. From filing the initial petition to reaching a final settlement, knowing what to expect at each stage can help you feel more in control. This guide breaks down the divorce process so you know exactly what lies ahead.

The Basic Steps for Filing for Divorce in Kentucky 

Divorce laws vary from state to state. However, in Kentucky, the process of obtaining a divorce involves several steps:

Meet Residency Requirements

To file for divorce in Kentucky, at least one spouse must have resided in the state for at least six months before the filing. If you or your spouse do not meet this requirement, you may need to relocate or wait until you fulfill the residency criteria.

Establish Grounds for Divorce

Kentucky follows a “no-fault” divorce system, meaning you do not need to provide evidence or prove that one spouse caused the marriage to fail. Instead, to begin the divorce process, the individual filing must submit a Petition for Dissolution of Marriage, clearly stating that “the marriage of the parties is irretrievably broken.” This phrase serves as the sole legal basis in the state for divorce, highlighting a mutual understanding that the marriage cannot be repaired.

If one spouse denies the marriage is broken, the judge will assess whether the claim is valid. The judge may also suggest marital counseling and delay the proceedings for 30 to 60 days. If counseling does not resolve the issue, the judge will continue the case and typically grant the divorce if one spouse still wants it. 

File the Necessary Divorce Papers

When a party files for divorce, their petition will outline the request for divorce and include important details, such as the grounds for divorce, information about any children involved, and requests for property division or support. After filing, the party will also need to serve their spouse with the filed papers. This can be done using a process server or through the sheriff’s office.

Negotiate and Settle

In Kentucky, if your spouse objects to the divorce petition, they can formally contest it in court. This may involve disagreements regarding the division of marital property, child custody, or even the divorce itself. Ideally, both parties should strive to agree on significant issues like property division, child support, custody, and spousal support. However, if conflicts emerge, negotiation becomes crucial.

Mediation may be a beneficial option if you and your spouse cannot reach a mutual agreement. A mediator, acting as an impartial third party, facilitates discussions and resolutions, potentially offering a more affordable and less stressful alternative to litigation. If mediation is successful, your divorce may be viewed as uncontested, expediting the process.

However, if an agreement remains elusive after mediation, a court hearing might be required. During this hearing, both parties will present their evidence and arguments, and the judge will make the final ruling based on the information provided. 

Finalize the Divorce

If an agreement is reached — whether through negotiation or mediation — the final terms will be documented in the divorce decree. This legal document outlines both parties’ rights and responsibilities moving forward.

If the parties are unable to reach an agreement, the Court will conduct a contested final hearing where the parties may call witnesses and present evidence to support their arguments.  After the Court hears all evidence, the Court will issue a ruling that will outline both parties’ rights and responsibilities after the divorce is entered.  

Contact Us Today To Discuss Your Case

Although you are not required to have an attorney to file for divorce in Kentucky, working with one can help you navigate the process more smoothly. Reach out to an experienced Kentucky divorce attorney at Hoffman Walker & Knauf today to discuss your case and get the support you need.