What Is the Divorce Process in Kentucky?

kentucky divorce process

When you end a marriage in Kentucky through the courts, it is officially referred to as a “dissolution of marriage.” However, most people commonly use the term “divorce” to describe this process. Although the term may be familiar, many people are unaware of how the divorce process works. That is why, in the post below, we will explain the divorce process in Kentucky and how an experienced divorce attorney can assist you throughout this challenging time. 

Filing for Divorce in Kentucky 

Although divorce laws vary by state, in Kentucky, the basic steps that a person will have to take to obtain a divorce include the following: 

Meet the Residence Requirements

Before pursuing a divorce, you or your spouse will need to meet the residence requirement. In Kentucky, this means that a judge will only grant a divorce if you or your spouse lived in the state when the divorce petition was filed and for at least six months before the divorce petition was submitted. 

There Are Grounds to End Your Marriage

In Kentucky, to obtain a divorce, you only need to state that your marriage is irretrievably broken. This means there is no reasonable chance of you and your spouse reconciling. However, if one spouse argues that the marriage is not irretrievably broken, the judge will consider other factors before granting the divorce. These factors may include the following:

  • The circumstances behind the divorce petition 
  • The possibility of the couple reconciling 
  • Other relevant factors

Based on these factors, the judge may delay the case for 30 to 60 days so that the couple attends counseling to see if they can work through their issues. After this period, the judge will hold another hearing to decide if they will grant the divorce. In most cases, the judge will approve the divorce (unless both parties agree that their marriage is on the mend), even if a spouse continues to disagree that a marriage should end. 

Other Requirements To Obtain a Divorce in Kentucky 

The judge will also not grant a divorce in Kentucky until you and your spouse have lived apart for 60 days. However, it is important to add that living apart does not necessarily mean the couple cannot live under the same roof. Instead, the pair can live in the same house, but there cannot be any sexual activity. 

Moreover, the judge must have also considered and made a provision or approved child support, custody, spousal support, and property distribution if the judge has the power to make these decisions.

Contact Hoffman Walker & Knauf Today To Learn More About the Divorce Process in Kentucky

At Hoffman Walker & Knauf, our team of experienced family law attorneys understands that family law issues can be challenging to navigate. That is why our attorneys use their skills, dedication, and life experience to help you find a strategic solution tailored to your unique situation. We aim to guide you toward a resolution that can support you and your loved ones.

For further information about filing for divorce in Kentucky, contact our legal team today to get the answers you need and find out how our team can help you.