How to File for Divorce in Kentucky
How to file for divorce in Kentucky: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: One spouse must have lived in Kentucky, or been stationed in Kentucky as a member of the armed services, for the 180 days before the petition is filed. KRS 403.140(1)(a)
| Residency requirement | One spouse must have lived in Kentucky, or been stationed in Kentucky as a member of the armed services, for the 180 days before the petition is filed. Source: KRS 403.140(1)(a) |
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| Uncontested or simplified divorce | Kentucky has no separate simplified divorce. Spouses may sign a written separation agreement covering maintenance, property, and child custody, support and visitation; its financial and property terms bind the court unless the court finds them unconscionable, and child-related terms remain subject to the court's review. The Court of Justice offers a free A2J guided interview to prepare forms for a divorce without children. |
| Waiting period | No divorce decree can be entered until the spouses have lived apart for 60 days; living under the same roof without sexual relations counts as living apart. In divorces with minor children, no testimony (other than on temporary motions) may be taken until 60 days after service of the summons, the appointment of a warning order attorney, or the other spouse's appearance or response, whichever comes first. Source: KRS 403.170(1), 403.044 |
| Divorce forms | The Kentucky Court of Justice posts official AOC forms on its Legal Forms page, searchable by form number, keyword or topic. Divorce forms include the Petition for Dissolution of Marriage (without children under 18) (AOC-252 redacted and AOC-252A unredacted), Waiver of Service and Entry of Appearance (AOC-252.1), Separation Agreement (without children under 18) (AOC-252.4), Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage (AOC-252.6), Motion to Submit for Entry of Decree (AOC-252.8), Preliminary and Final Verified Disclosure Statements (AOC-238/239) and the Certificate of Dissolution of Marriage (AOC-250). Circuit court clerks also provide printed forms, and the Court of Justice offers eFiling (File & Serve). |
Where to get help in Kentucky
More Kentucky divorce & family law
- Getting a Marriage License in Kentucky
- Adopting a Child in Kentucky
- Guardianship of a Child or Adult in Kentucky
- Establishing Paternity in Kentucky
- Changing Your Name in Kentucky
- Child Custody Laws in Kentucky
- How Child Support Is Calculated in Kentucky
- Divorce Records in Kentucky
- Alimony and Spousal Support in Kentucky
- Legal Separation and Annulment in Kentucky
- All Kentucky divorce & family law rules
FAQ
How long do you have to live in Kentucky to file for divorce?
One spouse must have lived in Kentucky, or been stationed in Kentucky as a member of the armed services, for the 180 days before the petition is filed.
How do you get an uncontested divorce in Kentucky?
Kentucky has no separate simplified divorce. Spouses may sign a written separation agreement covering maintenance, property, and child custody, support and visitation; its financial and property terms bind the court unless the court finds them unconscionable, and child-related terms remain subject to the court's review. The Court of Justice offers a free A2J guided interview to prepare forms for a divorce without children.
Is there a waiting period for divorce in Kentucky?
No divorce decree can be entered until the spouses have lived apart for 60 days; living under the same roof without sexual relations counts as living apart. In divorces with minor children, no testimony (other than on temporary motions) may be taken until 60 days after service of the summons, the appointment of a warning order attorney, or the other spouse's appearance or response, whichever comes first.
Where can I get divorce papers and forms in Kentucky?
The Kentucky Court of Justice posts official AOC forms on its Legal Forms page, searchable by form number, keyword or topic. Divorce forms include the Petition for Dissolution of Marriage (without children under 18) (AOC-252 redacted and AOC-252A unredacted), Waiver of Service and Entry of Appearance (AOC-252.1), Separation Agreement (without children under 18) (AOC-252.4), Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage (AOC-252.6), Motion to Submit for Entry of Decree (AOC-252.8), Preliminary and Final Verified Disclosure Statements (AOC-238/239) and the Certificate of Dissolution of Marriage (AOC-250). Circuit court clerks also provide printed forms, and the Court of Justice offers eFiling (File & Serve).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.