Kentucky Divorce Laws 5

In: Kentucky

Divorce Law Basics in the State of Kentucky

Also See: Kentucky Marriage Laws

Statute: Kentucky State Divorce Code (Title 35, Chapter 403)

No-Fault Grounds: Irretreivable breakdown – parties must live apart for at least 60 days before a decree will be entered.

At-Fault Grounds: Kentucky has no provisions for at fault divorce

Residency: Either party must have been a resident continuously for 180 days or more prior to filing.

Legal Separation Recognized? Yes. Alimony can be awarded without having a divorce pending. Decree of legal separation can be converted to decree of divorce after one year upon motion by either party.

Counseling Requirements: The court may require the parties to attend a conciliation mediation

Property Distribution : Kentucky relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge.


  • Stephanie

    My best friend lives in Kentucky and has land he and his wife are selling. He hired an attorney and they drew up papers for divorce. His wife moved to Arizona about 8 months ago and kept putting him off on signing the papers. She filed for divorce without an attorney and is asking for alimony. We are thinking he is going to have to hire an attorney in Arizona. She left him with all the debt from their marriage and what debt she did take, she didn’t pay any of them and left his credit in horrible condition. Please advise me of what his best step would be.

  • Jeff

    My wife cheated on me with another woman. When I caught them I run the other woman from our home. The next day while at work my wife took our 7yr old son and all her belongings and moved in with the other woman. She filed for divorce and I was told that I am responsible for her attorney fees, child support, and maintaining her health insurance until divorce is final. I am suppose to have 50/50 custody and parental rights yet she left me while in the middle of an affair. What are my rights? Why does she get to go on as though the only change is an address while I now am struggleing to pay attorney fees,(mine and hers)child support, health insurance?

  • sue

    My ex-husband and I have joint custody with me being the primary custodian. We both live in eastern, ky.I am engaged and we are wanting to relocate to find better jobs. Is there a law that stops me from moving out of state. I want to relocate to the Cincinnati area, my future husband and I both have family there, and there is better paying jobs there. Can my ex stop this? Or is thier a law in Ky about moving out of State?
    thank you

  • Angela

    I have been married for 10 years, will be 11 in May. My husband and I have 2 minor children. My eldest child is 6 and youngest is 4. My husband filed for divorce and is now doing anything and everything to hurt me. he has changed bank accts with just his name. we still have joint but he only puts enough in acct. to cover bills, no support to me. I have been a stay at home mom for 6 years. and I am currently looking for a job but have been unable to find one yet. I was given $5 to live on for the month and I have not been provided gas. He has taken over grocery shopping( he had NEVER gone to the Grocery in 10 years!), paying bills, and now gets up before me in the morning so that he can take care of the children.e has checked them out of school early without my knowledge as well as changing school nurse info to just his name. I have had to deal with emotional and verbal abuse and he is now telling my children that I am abusive, to him and them? I have never abused him or my children, but my older child has made comments that I have hit dad before( not true) and that I used to hit him? I asked what he was talking about? and he pointed to his bottom. I tried to explain the difference between a spanking and hitting but fear that it is too late. My husband also told the children that he was afraid that I would try to kill him in his sleep? I petrified of guns and knives! He has many guns and a weapons license!I I have tried to get help from legal aid but they cannot do anything because he makes too much money. I cannot get my own attorney because I have no money, and most in KY want a retainer? He has threatened my daily and insisted that I sign an offer that he made me for support? I refuse and things get worse. I am not even sure what I am entitled to as a stay at home mom? I am so scared is there any advice or anywhere I can go for help?????

  • Susan

    I have filed for a divorce in Jan and just found my spouse last week in jail. I sent him a copy of the divorce papers to the jail certified. Now what do I do? How will I know if he signs them or what? Is there another form I need to file ? this was a short marriage since Oct 2012 we seperated Nov 19th no property no nothing …