Kentucky Uncontested Divorce Information and
FAQ
The only ground upon which divorce is granted in the Commonwealth of
Kentucky is an irretrievable breakdown of the marriage of which there is
no reasonable prospect of reconciliation. KRS 35.403.170
Residency requirements At least one of the parties to the divorce
action must have resided in Kentucky for a period of one hundred and
eighty (180) days prior to the commencement of the action. KRS 35.403.140
» Return to top Procedure Commencement of action, pleadings, abolition
of existing defenses: (1) All proceedings under this chapter are commenced
in the manner provided by the Rules of Civil Procedure.
(2) The verified petition in a proceeding for dissolution of marriage
or legal separation shall allege the marriage is irretrievably broken and
shall set forth:
(a) The age,occcupation, Social Security number, and residence of each
party and his length of residence in this state. If domestic violence and
abuse, as defined in KRS 403.720, is alleged by either party, the party
filing the petition shall certify the existence and status of any domestic
violence protective orders. The party filing the petition and alleging the
abuse may substitute the party's attorney's address as the address of the
party and any minor children;
(b) The date of the marriage and the place at which it was registered;
(c) That the parties are separated and the date on which the parties
separated;
(d) The names, ages, Social Security numbers, and addresses of any
living infant children of the marriage, and whether the wife is pregnant;
(e) Any arrangements as to custody, visitation, and support of the
children and the maintenance of a spouse; and
(f) The relief sought.
(3) Either or both parties to the marriage may initiate the proceeding.
(4) If a proceeding is commenced by one of the parties, the other party
must be served in the manner provided by the Rules of Civil Procedure and
may file a verified response.
(5) Previously existing defenses to divorce and legal separation,
including but not limited to condonation, connivance, collusion,
recrimination, insanity, and lapse of time, are abolished.
(6) The court may join additional parties proper for the exercise of
its authority to implement this chapter.
(7) When the wife is pregnant at the time the petition is filed, the
court may continue the case until the pregnancy is terminated. KRS
35.403.150
Where to file The petition for dissolution of marriage may be filed in
the county where either spouse resides. KRS 35.452.470 Waiting period
Kentucky law provides that no divorce shall issue until the parties have
lived separate and apart for sixty (60) days. Living separate and apart
can mean that the parties share the same domicile, as long as they have no
sexual relations between each other during that period of time.
In divorce actions where there are minor children of the marriage, no
testimony other than on temporary motions shall be taken or heard before
sixty days have elapsed from the date of service of the summons, the
appointment of a warning order attorney, or the filing of an entry of
appearance or responsive pleading by the defendant, whichever occurs
first. KRS 35.403.170
Separation agreements Kentucky permits the parties to enter into
written separation agreements in order to promote amicable settlements of
disputes. Such agreements may contain provisions for the maintenance of
either spouse, disposition of any property owned by either of them, and
custody, support and visitation issues regarding their children. The terms
of such an agreement are binding upon the parties and the court, unless
the court finds that the agreement is unconscionable, in which case the
court may request the parties to submit a revised separation agreement or
make its own orders regarding those issues. KRS 35.403.1180 Legal
separation The court may render a decree of divorce from bed and board for
any grounds that a decree of dissolution of marriage may be issued or for
any other cause the court deems sufficient. KRS 35.403.050, 403.140
Mediation requirements If one party to the divorce action denies under
oath that the marriage is irretrievably broken, the court may make a
finding that the marriage is irretrievably broken or continue the matter
for further hearing not fewer than thirty (30) days or more than sixty
(60) days later. KRS 35.403.170
Alimony/support The court may award temporary or permanent alimony to
either spouse upon a showing that: the spouse seeking alimony lacks
sufficient property to provide for his/her reasonable needs; and is unable
to support himself/herself through appropriate employment, or is the
custodian of a child whose condition is such that seeking employment would
not be appropriate. Factors the court will consider in determining the
amount and duration of the award of support include such things as the
financial resources of the party seeking support; the time necessary to
acquire sufficient education or training to enable the person seeking
support to find appropriate employment; the standard of living established
during the marriage; the duration of the marriage; the age, physical and
emotional condition of the spouse seeking support, and; the ability of the
payor spouse to meet his needs while meeting the needs of the spouse
seeking support. KRS 35.403.200
Distribution of property In an action for dissolution of marriage, the
court will first set aside to each spouse that spouse’s separate
property. The court will then distribute the marital property following
the principles of equitable distribution. Equitable distribution means
that the court will divide the property in a manner that it deems fair and
just to the parties, taking into consideration such factors as: the
contribution of each spouse to the acquisition of the marital property;
the value of the property set aside to each spouse; the duration of the
marriage and; the economic circumstances of each spouse when the division
of property becomes effective. Unless otherwise agreed in writing or
expressly provided for in the decree, the obligation to pay support
terminates upon the death of either spouse or the remarriage of the party
receiving support. KRS 35.403.190
Child custody The court will determine custody based upon the best
interests of the child. Equal consideration of each spouse will be given
in making the custody determination. Some of the factors the court will
consider in making the custody determination include: the wishes of the
child; the interaction of the child with his parents and siblings; the
child’s adjustment to his home, school and community, and; the mental
and physical health of all parties concerned. The court may interview the
child in chambers regarding the child’s wishes as to his custodian or
visitation, and the court may seek the advice of a profession to assist
the court in reaching a decision on those issues. If the custody
proceeding is contested, the court may order an investigation and report
concerning custodial arrangements for the child.
A parent not granted custody of the child is entitled to reasonable
visitation rights unless the court makes a specific finding that such
visitation would not be in the child’s best interests.
No custody decree may be modified any earlier than two (2) years after
its date, unless the court finds that the child’s present environment
may seriously endanger his physical, mental or emotional health or the
child has been placed with a de facto custodian. The party seeking to
modify the custody decree must submit to the court an affidavit setting
forth the facts supporting the modification and must provide notice to the
opposing party. KRS 35.403.270
Child support Kentucky has established child support guidelines which
serve as the presumed correct amount of support to be paid. Courts may
deviate from these guidelines only upon a specific showing that the
application of the guidelines would be unjust or inappropriate. Any
deviation from the guidelines must include a specific written finding
stating the reason for the deviation. The obligation to provide child
support shall terminate upon the emancipation of the minor child unless
the child is eighteen (18) years old and still in high school. If the
child turns eighteen (18) while still in high school, the support
obligation shall continue until the completion of the school year in which
the child turns nineteen (19) years old. If healthcare coverage is
reasonable and available, the court shall allocate between the parties, in
proportion to their adjusted gross income, the cost of healthcare coverage
for the child. If coverage is not reasonable and available, the court
shall order that such coverage be provided at the time it becomes
reasonable and available.
All court orders of child support shall include the Social Security
numbers of all parties subject to the support order.
A child support award may only be modified upon a showing of a material
change of circumstances which would result in a fifteen percent (15%)
change in the amount of support paid. KRS 35.403.211
Name change Upon request by the wife whose marriage has been dissolved
and if there are no children of the marriage, the court may order that her
maiden or former name be restored. KRS 35.403.230 Uncontested
Divorce
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