Kentucky Divorce Guide
Everything you need to know about filing for divorce in Kentucky — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Kentucky Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 60 days — Under KRS § 403.170(1), no decree of dissolution shall be entered until the parties have lived apart for 60 days. This mandatory 60-day separation period runs from the date the parties began living separate and apart or from the date of filing the petition, whichever is later. Even if both parties agree on all terms, the court cannot finalize the divorce until this period has elapsed. |
| Filing Fee | $153(fee waiver available) |
| No-Fault Grounds | Irretrievable Breakdown |
| Fault Grounds | None |
| Property Division | Equitable Distribution |
| E-Filing | Available — E-filing is available through the Kentucky eCourts system (KYeCourts) for attorneys in domestic relations cases, including dissolution/divorce filings. As of January 1, 2024, all eligible documents in domestic relations cases involving children must be electronically filed by attorneys. Self-represented litigants currently have limited e-filing capability (primarily small claims) and may need to file in paper for divorce cases. Contact your local circuit court clerk or visit ehelp.kycourts.net for current availability. |
| Response Window | 20 days — Under Kentucky Rules of Civil Procedure CR 12.01, the respondent has 20 days from the date of service to file a written response with the court. The response must also be mailed to the petitioner or their attorney. If no response is filed within 20 days, the petitioner may file a Motion for Default Judgment and Decree of Dissolution. The court may grant an extension of time for good cause shown. |
Grounds for Divorce in Kentucky
The marriage of the parties is irretrievably broken.
No-Fault Grounds
- Irretrievable Breakdown — The marriage is irretrievably broken. Under KRS § 403.170, if both parties state under oath that the marriage is irretrievably broken (or one party so states and the other does not deny it), the court shall make a finding of irretrievable breakdown. The parties must have lived apart for at least 60 days before the decree can be entered. Kentucky is a purely no-fault divorce state; the court does not consider marital misconduct in granting the divorce.
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How to File for Divorce in Kentucky
Meet Residency Requirements
You must have lived in Kentucky for at least 6 months before filing. Under KRS § 403.140(1)(a), at least one spouse must have been a resident of Kentucky for at least 180 days (approximately 6 months) before filing the petition for dissolution of marriage. Members of the armed forces stationed in Kentucky satisfy this residency requirement. The petition must be filed in the circuit court of the county where either spouse resides, per KRS § 452.470.
Complete Your Forms
Kentucky requires 5 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $153 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: certified mail, sheriff, waiver of service, warning order, personal. Kentucky follows the Kentucky Rules of Civil Procedure (CR) 4.01 through 4.06 for service of process. Certified mail through the clerk's office is the default and most common method. If the respondent refuses to accept certified mail, the petitioner may arrange for sheriff service or personal delivery. A warning order (service by publication) is a last resort when the respondent's address is unknown.
Wait for Response & Finalize
Your spouse has 20 days to respond. After the 60-day waiting period, the court can issue your final decree.
Special Rules in Kentucky
Purely No-Fault State
Kentucky is a purely no-fault divorce state. The only ground for divorce is irretrievable breakdown of the marriage under KRS § 403.170. The court does not consider fault, adultery, abandonment, or any other marital misconduct when deciding whether to grant the divorce. However, fault may be considered as a factor in determining maintenance amount and duration.
60-Day Separation Requirement
KRS § 403.170(1) requires the parties to have lived apart for at least 60 days before a decree of dissolution can be entered. 'Living apart' means the parties have not engaged in sexual cohabitation. Living in separate rooms of the same house may not satisfy this requirement.
Conciliation Conference
Under KRS § 403.170(2), if one spouse denies the marriage is irretrievably broken, the court shall consider all relevant factors and may continue the matter for 30 to 60 days and suggest the parties seek counseling. The court may order a conciliation conference. If the parties have not reconciled by the end of this period, the court shall make a finding of irretrievable breakdown.
No Legal Separation Requirement
Kentucky does not require formal legal separation before filing for divorce. The 60-day living apart period can begin on or after the date the petition is filed.
Marital Property Presumption
Under KRS § 403.190, all property acquired during the marriage is presumed to be marital property, regardless of how it is titled. The burden is on the party claiming property is non-marital to prove it by clear and convincing evidence.
Mandatory Requirements
Parenting Course Required
Kentucky courts may order parents to attend a divorce education course when minor children are involved. Many Kentucky circuits have standing orders requiring completion of a parent education program. The course covers the impact of divorce on children and strategies for effective co-parenting. Courses are typically 4 hours and may be completed online or in person.
Financial Disclosure
Both parties must exchange financial disclosures within 45 days of filing.
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