Filing For Divorce in Kentucky

1. What are the residency requirements for filing for divorce in Kentucky?  
In Kentucky, you or your spouse must have been a resident for at least 180 days before filing. The same time period applies if you were stationed in the state as a member of the armed services.  

2. Does Kentucky have a waiting period?       
If you and your spouse have minor children together, then the court will not hear any testimony other than on temporary motions until at least 60 days after you have filed. No divorce decree will be entered until you and your spouse have lived apart for at least 60 days. (Living under the same roof without having sex counts as living apart.)  

3. Does the state have grounds for divorce?  
If you and your spouse have stated that your marriage is irretrievably broken, or one of you states this and the other doesn’t deny it, then the court will decide whether or not your marriage is, in fact, irretrievably broken, which means there is no hope of reconciliation. The court may order a conciliation conference to help determine this.  

If one of you protests that your marriage is not irretrievably broken, the court may rule it is anyway, or the court may postpone the hearing for 30 to 60 days and suggest you seek counseling before it makes a decision.  

4. How does Kentucky determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you.
 
The court will divvy your marital property (without regard to any marital misconduct on the part of you or your spouse) in as fair a way as possible, taking into account:

• You and your spouse’s contributions to the acquisition of your martial property, including contributions as a homemaker.
• The value of the property set apart to each of you.
• How long you were married.
• You and your spouse’s economic circumstances after the division of property becomes effective, including whether it would be best to give the family home or the right to live there to whichever of you has custody of your children.  

In Kentucky, marital property means all property acquired by you or your spouse after you were married (regardless of whose name is on the title) except:

• Property you acquired by gift or inheritance during your marriage, as well as any income generated by that property, unless your spouse did something significant to increase the value of or generate income from that property.
• The increase in value of property you acquired before you were married, to the extent that the increase in value didn’t result from efforts on the part of you or your spouse while you were married.
• Property you received in exchange for property you acquired before you were married or property you received via gift or inheritance.
• Property you or your spouse acquired after a decree of legal separation.
• Property you and your spouse agree to exclude from consideration.