Divorce in Kentucky — the plain-English overview

Kentucky calls divorce dissolution of marriage and was an early adopter of pure no-fault. In 2018, the legislature made Kentucky one of the few states with an explicit statutory presumption that joint legal custody and equal parenting time serve the child's best interest — a meaningful difference from most neighboring states. The rules below shape almost every Kentucky dissolution. None of this replaces talking to a Kentucky family-law attorney about your specifics, but knowing the starting framework helps you read your own paperwork.

Where you file

Kentucky dissolutions are filed in the Circuit Court (Family Court division, where one exists) of the county where either spouse lives. At least one spouse must have been a Kentucky resident for 180 days before the petition is filed (KRS 403.140).

Kentucky created a separate Family Court division of the Circuit Court in 2002, and most populous counties (Jefferson/Louisville, Fayette/Lexington, Kenton, Boone) now have a dedicated Family Court division. In counties without a Family Court, Circuit Court judges handle family matters.

How long it takes

Kentucky imposes a 60-day requirement: the parties must have lived apart for at least 60 days, and the court cannot enter a decree until that 60-day period has passed and other procedural prerequisites are met (KRS 403.044). "Living apart" includes living under the same roof without sexual cohabitation, which makes the Kentucky rule less restrictive than some other states.

Kentucky's only ground is that the marriage is irretrievably broken. There are no fault grounds in modern practice. Most uncontested Kentucky dissolutions take 90–120 days from filing to final decree.

Property — what state law assumes

Kentucky is an equitable distribution state. The court divides marital property — generally, what was acquired by either spouse during the marriage — in proportions the court finds just (KRS 403.190). The statute lists factors including each spouse's contribution to the acquisition of the marital property (including as a homemaker), the value of property set apart to each spouse, the duration of the marriage, and the economic circumstances of each spouse at the time of division.

Kentucky doesn't consider marital misconduct (such as adultery) in dividing property, in contrast to several Southern neighbors. The statute is explicit on this point.

Custody — the starting framework

Kentucky's custody law is distinctive: under KRS 403.270, as amended in 2018, the court applies a rebuttable presumption that joint custody and equally shared parenting time serve the best interest of the child. To order anything other than joint custody with equal parenting time, the court must find that the presumption is rebutted by a preponderance of the evidence.

The best-interest factors the court considers include the wishes of the child's parent or de facto custodian, the wishes of the child, the interaction and interrelationship of the child with parents and siblings, the child's adjustment to home, school, and community, the mental and physical health of all individuals involved, any history of domestic violence, and the extent to which the child has been cared for, nurtured, and supported by any de facto custodian.

The 2018 presumption has substantially shifted Kentucky parenting outcomes toward 50/50 schedules where both parents are fit and live close enough geographically to make it practical. Departures from equal time still happen, but the burden has flipped compared to most states.

Filing fees and fee waivers

The Circuit Court filing fee for a Kentucky dissolution petition is approximately $150 statewide. Service of process adds another $40 if the sheriff serves.

If you can't afford the fee, Kentucky lets you proceed in forma pauperis under KRS 453.190. You file a motion with an affidavit of indigency (income, household size, expenses); if granted, the court waives the filing fees and other court-imposed costs for the case.

What this page can't tell you

Kentucky's mix of Family Court and Circuit Court for family matters creates local variation:

• Whether your county has a dedicated Family Court division (most urban counties do; rural counties may not).
• Local rules on case-management orders and pretrial scheduling.
• The specific co-parenting-education program your county approves (most Family Courts require completion before a final hearing involving children).
• Whether your county routes contested matters to mediation before a final hearing (many do).

The Kentucky Court of Justice (kycourts.gov) hosts statewide forms and resources. Your county's Circuit Court Clerk is the authoritative source for local rules and fee schedules. For anything strategic — especially around equitable distribution, maintenance, or rebutting the joint-custody presumption — talk to a Kentucky family-law attorney.

Statutes referenced

• Residency — KRS 403.140
• 60-day living-apart rule / decree timing — KRS 403.044
• Equitable distribution — KRS 403.190
• Custody — joint-custody / equal-parenting-time presumption — KRS 403.270
• In forma pauperis (fee waiver) — KRS 453.190

These are the controlling statutes for the facts on this page. State law changes; the linked text always reflects current law.