Kentucky divorce laws
To file for divorce in Kentucky, you or your spouse must have lived there for at least 180 days. How long you must wait depends on your case; the rule is below.
Checked against official sources: Oct 24, 2026
Were you served in Kentucky?
Enter the day you got the papers (the summons and the petition). We show the deadline to answer.
Guides for Kentucky
Uncontested divorce
The process for agreed cases, the waiting period and the steps.
Forms and filing fees
Official forms, the filing fee, fee waivers and e-filing.
Alimony
When spousal support can be ordered, its limits and how to ask.
Custody and child support
The custody term, parenting class, calculator and agency.
Serving divorce papers
How your spouse gets the papers and the deadline to respond.
Where and how to file in Kentucky
- Who can file (residency)
- You or your spouse must have lived in Kentucky (or been stationed there in the military) for 180 days before you file.
- Waiting period
- No decree can be entered until you and your spouse have lived apart for 60 days. Living apart can be under the same roof, as long as you don't have sex. If you have minor children, expect the court to wait at least 60 days after service before taking final testimony (ask your clerk about local practice).
- Court
- Family Court (or Circuit Court where there is no family court) in the county where you or your spouse live
- Official forms
- Divorce forms (Kentucky courts)
- Court self-help
- Divorce self-help (Kentucky courts)
- Filing fee
- Ask the court clerk for the current fee: Divorce self-help (Kentucky courts)
- If you can't afford the fee
- File a motion to proceed in forma pauperis (Waiver of Costs and Fees); the Kentucky courts' self-help portal has a guided interview: kycourts.gov: Self Help Portal
- Simpler process for agreed cases
- If you agree and have no children, the Kentucky courts' self-help portal has a guided 'Divorce without Children' interview. Agreed divorces are often decided on affidavits and a settlement agreement without a contested hearing after the 60 days, depending on local rules.
- E-filing
- Kentucky uses File & Serve (eFiling), mainly for attorneys; self-represented people usually file on paper with the circuit clerk.
- Law
- KRS 403.140(1)(a) · KRS 403.170(1); KRS 403.044 (children)
Divorce in Kentucky, step by step
Check that you can file in Kentucky
You or your spouse must have lived in Kentucky (or been stationed there in the military) for 180 days before you file.
Get the official forms
Use the court's official divorce forms: Divorce forms (Kentucky courts) If you agree and have no children, the Kentucky courts' self-help portal has a guided 'Divorce without Children' interview.
File the papers and pay the fee, or ask for a waiver
File with the Family Court (or Circuit Court where there is no family court) in the county where you or your spouse live. Can't afford it? File a motion to proceed in forma pauperis (Waiver of Costs and Fees); the Kentucky courts' self-help portal has a guided interview: kycourts.gov: Self Help Portal.
Serve your spouse
Your spouse must be served with the petition and summons, usually by certified mail through the circuit clerk or by the sheriff.
Time to respond after service
Generally 20 days after service (Ky. R. Civ. P. 12.01); check the deadline on your summons. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
No decree can be entered until you and your spouse have lived apart for 60 days.
Agree, or go to mediation or a hearing
Many family courts order mediation in contested custody and property cases. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Ask in your petition (or later) for the court to restore your maiden or former name.
Free tools for Kentucky
Pre-set for Kentucky.
Divorce timeline estimator for Kentucky
See the earliest date the law lets a judge sign your final divorce decree, from your filing date.
Grounds for divorce in Kentucky
- No-fault ground
- the marriage is irretrievably broken
- Fault grounds
- Not available: no-fault only
- Living apart first
- 60 days living apart before the decree (can be under the same roof without sexual relations)
- Law
- KRS 403.140(1)(c), 403.170
Property and debts in Kentucky
- System
- Equitable distribution
- The rule
- Each spouse keeps their nonmarital property (owned before marriage, or gifts and inheritances). Marital property is divided in 'just proportions' without regard to marital misconduct, considering contributions (including as homemaker), the value of property each keeps, length of the marriage and economic circumstances.
- Law
- KRS 403.190
Alimony (spousal support) in Kentucky
Called maintenance. The court may award it only if the spouse asking lacks enough property to meet reasonable needs and can't support themselves through work (or has custody of a child who needs them at home). Amount and length depend on factors like the standard of living, length of the marriage, age, health, and time needed for training; misconduct can be considered. KRS 403.200.
Children: custody and support in Kentucky
- What Kentucky calls custody
- custody and timesharing (Kentucky presumes joint custody and equal parenting time)
- Parenting class
- Many Kentucky family courts require a parenting class (for example, a 'Families in Transition' program) when you have minor children; check local rules.
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Kentucky Department of Child Support Services (Office of the Attorney General)
Serving your spouse in Kentucky
- How your spouse gets the papers
- Your spouse must be served with the petition and summons, usually by certified mail through the circuit clerk or by the sheriff. Your spouse can sign an Entry of Appearance and Waiver instead.
- Time to respond (for the spouse who was served)
- Generally 20 days after service (Ky. R. Civ. P. 12.01); check the deadline on your summons.
- Law
- Ky. R. Civ. P. 4, 12.01
Going back to a former name in Kentucky
Ask in your petition (or later) for the court to restore your maiden or former name.
Mediation in Kentucky
Many family courts order mediation in contested custody and property cases.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Kentucky: If you are in danger, call 911. Protective order information: kyjustice.org: Protective orders and the Kentucky courts' Protective Order booklet: kycourts.gov (PDF)
Your browser history may show this page. If someone checks your device, use a private window or a device they can't see.
Free help in Kentucky
Good to know in Kentucky
- In Kentucky, your 60 days of living apart can count while you still share a home, as long as you don't have sexual relations (KRS 403.170).
- Kentucky law presumes joint custody and equal parenting time is in the child's best interest (KRS 403.270, since 2018).
Divorce checklist for Kentucky
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it.
Questions about divorce in Kentucky
How long do you have to live in Kentucky to file for divorce?
You or your spouse must have lived in Kentucky (or been stationed there in the military) for 180 days before you file.
How long does a divorce take in Kentucky?
No decree can be entered until you and your spouse have lived apart for 60 days. Living apart can be under the same roof, as long as you don't have sex. If you have minor children, expect the court to wait at least 60 days after service before taking final testimony (ask your clerk about local practice).
What are the grounds for divorce in Kentucky?
Kentucky's no-fault ground is the marriage is irretrievably broken. Kentucky has no fault grounds. 60 days living apart before the decree (can be under the same roof without sexual relations)
Is Kentucky a community property state?
No. Kentucky uses equitable distribution. Each spouse keeps their nonmarital property (owned before marriage, or gifts and inheritances). Marital property is divided in 'just proportions' without regard to marital misconduct, considering contributions (including as homemaker), the value of property each keeps, length of the marriage and economic circumstances.
Can I get the divorce filing fee waived in Kentucky?
File a motion to proceed in forma pauperis (Waiver of Costs and Fees); the Kentucky courts' self-help portal has a guided interview: kycourts.gov: Self Help Portal
Is there a simpler divorce process in Kentucky?
If you agree and have no children, the Kentucky courts' self-help portal has a guided 'Divorce without Children' interview. Agreed divorces are often decided on affidavits and a settlement agreement without a contested hearing after the 60 days, depending on local rules.
How long is the deadline to respond after service in Kentucky?
Generally 20 days after service (Ky. R. Civ. P. 12.01); check the deadline on your summons.
Can I change my name back in a divorce in Kentucky?
Yes. Ask in your petition (or later) for the court to restore your maiden or former name.
Is mediation required in a divorce in Kentucky?
Many family courts order mediation in contested custody and property cases.
Do divorcing parents have to take a class in Kentucky?
Many Kentucky family courts require a parenting class (for example, a 'Families in Transition' program) when you have minor children; check local rules.
How does alimony work in Kentucky?
Called maintenance. The court may award it only if the spouse asking lacks enough property to meet reasonable needs and can't support themselves through work (or has custody of a child who needs them at home). Amount and length depend on factors like the standard of living, length of the marriage, age, health, and time needed for training; misconduct can be considered. KRS 403.200.