Kentucky Divorce: What You Need to Know

A divorce is the official procedure for dissolving a marriage; it is called a dissolution of marriage in Kentucky. Every state has its laws, and in Kentucky, the Circuit Court's Family Division in the county is responsible for handling divorce cases. To learn how divorce works in Kentucky, you need to understand the types of divorce available, the court process, county-level filing details, and how to search for divorce records..

How Does Divorce Work in Kentucky?

In Kentucky, you must be a resident before you can file for divorce. The case must be filed in the Circuit Court of the county where either spouse resides, and both parties must have resided in the state for at least 180 days (six months) before filing.

No-fault divorces are permitted in Kentucky. The sole justification for the dissolution of marriage is that it is ‘irretrievably broken’. Neither partner is required to provide evidence of wrongdoing, such as abuse or infidelity. The spouses may live in the same home if they do not cohabitate, but they must live apart for at least 60 days before the divorce is finalized.

For a divorce decree to be issued, a 60-day waiting period must also pass after the petition is filed. Cases involving minor children may take longer as the court must consider custody, visitation, and child support arrangements.

If both spouses agree, an uncontested divorce can be finalized soon after the waiting period. Where there are disagreements due to mediation, hearings, and trial, a contentious divorce may take several months or more.

Types of Divorce in Kentucky

Kentucky law provides for several types of divorce:

• Uncontested divorce: Both spouses agree on property, custody, and financial matters. These cases are quicker and less costly.
• Contested divorce: Disagreements exist, requiring hearings or a trial. These cases are more complex and time-consuming.
• No-fault divorce: The only ground available in Kentucky, requiring only that the marriage is irretrievably broken.
• Collaborative divorce: Couples may use attorney-assisted negotiation and mediation to resolve disputes without trial.
• Legal separation: Kentucky allows couples to petition for legal separation, which does not dissolve the marriage but sets custody, property, and support arrangements while the spouses live apart.

Kentucky Divorce Court Process and Forms

Divorces in Kentucky are filed in the Circuit Court, Family Division, in the county in which one spouse resides. The procedure starts when one spouse, known as the petitioner, submits a Petition for Dissolution of Marriage.

Required documents may include:

• Case Information Sheet
• Financial Disclosure Statement
• Parenting Plan (if children are involved)
• Settlement Agreement (for uncontested cases)

The documents must be served to the other spouse, known as the respondent, through a sheriff, a process server, or certified mail. After that, the responder has 20 days to submit an answer.

Both spouses must make financial disclosures of income, assets, debts, and expenses. If children are involved, both parties must finish a Parenting Education Class before custody orders can be made.

In cases involving contentious custody or visitation, judges frequently require mediation. If mediation is unsuccessful, the case then moves forward to hearings and maybe a trial.

A Decree of Dissolution of Marriage, which formally dissolves the marriage and establishes guidelines for child support, spousal maintenance, property distribution, and custody, is signed by the judge to complete the divorce.

City- and County-Level Filing Details

Divorces in Kentucky are filed at the county level in Circuit Courts. Some details about the state’s largest counties include:

• Jefferson County (Louisville):
  • Courthouse: The Jefferson Circuit Court, Family Division, is located at 700 W. Jefferson Street, Louisville, KY 40202.
  • Services: This court provides online forms; it requires parenting classes for couples in custody cases.
• Fayette County (Lexington):
  • Courthouse: To contact the Fayette Circuit Court, Family Division, visit the courthouse at 120 N. Limestone Street, Lexington, KY 40507.
  • Services: Fayette County provides self-help tools and forms online; this court frequently uses mediation in custody disputes.
• Kenton County (Covington):
  • Courthouse: The Circuit Court is located in the Kenton County Justice Center at 230 Madison Avenue, Covington, KY 41011.
  • Services: The court’s forms are available from the clerk; the court requires parenting programs when children are involved.
• Boone County (Burlington):
  • Courthouse: You may find this court in the Boone County Justice Center at 6025 Rogers Lane, Burlington, KY 41005.
  • Services: The Clerk of this court provides filing guidance; the court often uses mediation for custody and visitation disputes.
• Warren County (Bowling Green):
  • Courthouse: Warren County Justice Center houses the circuit court at 1001 Center Street, Bowling Green, KY 42101.
  • Services: The court offers online downloadable forms; it also offers parenting education programs for custody cases.

Each county’s clerk of court provides filing instructions, self-help packets, and access to family law forms.

How to Search for Divorce Records in Kentucky

Although personal information like Social Security numbers and bank account numbers is deleted, divorce documents in Kentucky are normally accessible to the public. The Circuit Court Clerk in the county where the divorce was finalized is responsible for maintaining the records.

Ways to access records include:

• At the courthouse: You can request copies of divorce decrees and case files from the clerk’s office. Certified copies are available for a fee.
• Online: Kentucky’s CourtNet 2.0 system provides online access to case information for a fee. Some counties also provide limited online access through their Circuit Court Clerk websites.
• Third-party services: Private record websites may offer searches, but certified documents must be obtained directly from the court.

Divorce documents usually include the names of the spouses, the date and county of the divorce, the case number, and the court's rulings regarding spousal maintenance, support, custody, and property division. The official document attesting to the marriage's legal dissolution is known as the Decree of Dissolution of Marriage.

Key Points

• Divorce in Kentucky is filed in the Circuit Court, Family Division, of the county where either spouse resides.
• One spouse must live in Kentucky for at least 180 days before filing.
• Kentucky is a no-fault divorce state, requiring only that the marriage is irretrievably broken.
• A 60-day waiting period applies before a divorce can be finalized, and spouses must live apart during that time.
• Parents of minor children must attend a parenting education program.
• Divorce records are public and available from the county Circuit Court clerk, with statewide case access through CourtNet 2.0.