Kentucky Divorce Information
The following information is to provide a basic understanding of the various aspects of divorce in the State of Kentucky.
You can get more specific information regarding Kentucky divorce laws using the links provided to Kentucky divorce laws or at your local library.
This information is provided for informational purposes only and does not constitute legal advice. Before taking any action you should seek the advice of an attorney familiar with the laws in the state in which you will be seeking a divorce.
Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.
Kentucky Divorce Resources
| Residency Requirements | 180 days |
| Where to File | The county in which either spouse resides |
| Grounds for Divorce | Fraud, Force or Duress ( grounds for annulment )
Impotence
Irreconcilable Differences or Irretrievable Breakdown
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| Voluntary or required mediation | Yes |
| Voluntary or recommended Counseling | Yes |
| Property Distribution | Kentucky is an "equitable distribution" state. The court shall assign each spouse's property to him. It also shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors including:
- Contribution of each spouse to acquisition of the marital property, including contribution of a spouse as homemaker
- Value of the property set apart to each spouse
- Duration of the marriage
- Economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children
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| Child Custody | The court shall determine custody in accordance with the best interests of the child
and equal consideration shall be given to each parent and to any de facto custodian.
The court shall consider all relevant factors including:
- The wishes of the child's parent or parents, and any de facto custodian, as to his custody
- The wishes of the child as to his custodian
- The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child's best interests
- The child's adjustment to his home, school, and community
- The mental and physical health of all individuals involved
- Information, records, and evidence of domestic violence as defined in KRS 403.720
- The extent to which the child has been cared for, nurtured, and supported by any de facto custodian
- The intent of the parent or parents in placing the child with a de facto custodian
- The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence as defined in KRS 403.720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school
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| Child Support | Either or both parents may be required to provide the support of maintenance, insurance, and education of the child. The following factors are generally considered: a child's need for contact with both parents, the joint responsibilities for the welfare of the child, the financial resources, cost of day care, and the standard of living the child would have otherwise enjoyed had not the divorce taken place. |
| Spousal Support | In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse.
The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:
- The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian
- The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment
- The standard of living established during the marriage
- The duration of the marriage
- The age, and the physical and emotional condition of the spouse seeking maintenance
- The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance
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Kentucky Divorce Attorneys by County
Click on any KY county below to find a divorce attorney in your area.
Kentucky Divorce Mediators by County
Click on any KY county below to find a divorce mediator in your area.
DISCLAIMER:
This information has been compiled directly from the most recently available statutes online for each state. Every effort has been made to assure that this information is correct and complete. Be aware that laws frequently change. Do not take any action based on this information without first consulting an attorney to be certain that the laws pertaining to your particular situation have not changed.
The language used in most cases on this page is legal terminology taken directly from the statutes and laws of each state. The terminology is not always easy to understand. If you are not sure of something you should consult an attorney so that you can fully understand the meaning of the laws.
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Do not take any actions based upon the information contained within this web site without first consulting an attorney or an appropriate professional depending upon the content of the information.
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