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Kentucky Divorce Laws

Divorce is a common occurrence in the U.S. today. When spouses are unable to get along, divorce is often the best solution for everyone. When there are children involved, child custody and support are important aspects that will keep the family court involved in your case until the children are adults and no longer eligible for child support.

In any case, there are certain requirements a couple seeking a divorce must meet before they can legally divorce in Kentucky. The following table explains the main highlights of Kentucky's divorce laws.

Code Section Kentucky Revised Statutes Chapter 403 – Dissolution of Marriage and Child Custody
Residency Requirements At least one spouse must be a resident of state or stationed at a military base in Kentucky and have been residing or present in the state for at least 180 days before filing for divorce.
Waiting Period Divorcing spouses have to live apart for 60 days (or live in the same home, but without sexual cohabitation for 60 days) before the final divorce decree will be entered.
'No Fault' Grounds for Divorce Kentucky is a “no fault” divorce state that permits divorces with one or both parties believe the marriage is “irretrievably broken.” Irretrievable breakdown means there’s no reasonable prospect of reconciliation.
Filing Fees The court charges a filing fee of approximately $113 usually paid in cash or money order. For low-income individuals, this fee may be waived.
Legal Separation Kentucky law also permits a “divorce from bed and board” which is a form of legal separation that doesn’t permit either party to marry another, and also doesn’t bar curtsey, dower, or other distribution rights. Also, at least one year after a legal separation decree, the court can change it to a divorce decree.

If you’re considering getting a divorce, it’s important to consult with an experienced divorce lawyer about your legal rights and the financial implications of your divorce. Sometimes filing for divorce on your own or entering into a separation agreement with a spouse is a great amicable solution. Other times, it’ll cost you a lot more in property or assets than you’d like.

It’s good to know the rights you’re giving up, even if you choose to waive them anyway. Please note the court can find a separation agreement to be unconscionable (extremely unfair or oppressive) and not enforce it and create different court orders, at least towards the child support, maintenance, or property terms that are unconscionable.

Note: Because state laws change all the time, it’s important to verify any laws you’re researching by conducting your own legal research or contacting a knowledgeable attorney.

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Kentucky Divorce Laws: Related Resources

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Divorce is never easy, especially for those who have children or other complicated matters to deal with. But even the simplest divorce can benefit from the experience and expertise of a legal professional. If you are in the midst of a divorce or considering it, let a Kentucky divorce attorney evaluate your case for free, with no contractual obligations.

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