Divorce papers in Kentucky — filing for divorce in KY

Online divorce in Kentucky

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How to get divorce in Kentucky

The information below will help understand more about the divorce in Kentucky.

The common steps of how to get divorce in Kentucky:


The marriage must have legal force. This means that the marriage ceremony was to be held in accordance with state law.


At least one of the spouses must be a resident of the state. The couple should not cohabit for 60 days until the moment when marriage is completely dissolved.


The couple must have grounds for divorce. The state of Kentucky allows the interested parties to file a petition on the basis of the no-fault reason, which is actually very convenient, since they do not have to prove the fault of the spouse in court.


If both spouses agree on the key points of the divorce (custody of children, the amount of financial assistance to the child and alimony, the separation of property), then they have the opportunity to apply for an uncontested divorce.


In order to start a divorce in Kentucky the interested parties need to fill out the divorce form documents.


After the Kentucky divorce documents are ready, they must be filed in court and the copies send to the spouse.


If interested person wants to get a divorce in Kentucky, then at least one of the spouses must be a resident of the state and reside in Kentucky at least 180 days before filing a petition in court. Also, both spouses should live separately for at least 60 days before the court grant a divorce.

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Valid grounds to get divorce in Kentucky

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Kentucky is a state with no-fault divorces, which means that the interested person will not need to prove the fault of his or her spouse. A sufficient reason for the divorce will be the statement that the marriage is irretrievably broken.


If both spouses under oath have sworn that they consider their marriage irretrievably broken and there is no apparent reason for reconciliation, or if one of the spouses has stated this and the other spouse does not deny the fact of break, then the court will appoint a hearing after which it will lead to the conclusion that the marriage is irretrievably broken and will grant a divorce.


If one of the spouses denies that the marriage is irretrievably broken, then the court will consider all the factors that led to the desire to formalize the divorce, as well as consider any prospects for reconciliation. In such a case, the court will either decide on the divorce immediately, or postpone the proceedings for a period of not less than 30 days, but not more than 60. The court can also oblige spouses to attend counseling sessions if there is a hope for reconciliation.


If the spouses are firmly determined to get a divorce in Kentucky, then they must live separately for at least 60 days or live in the same house, without having sexual intercourse with each other.

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Annulment of the marriage in Kentucky

In the state of Kentucky, there are two ways to terminate marital relations:

  • Get a divorce - is meant to dissolve the marriage, which was registered legally.
  • To receive an annulment - a marriage that has been registered legally recognized as invalid, which means that it was concluded with violation of the law.

To recognize the marriage as invalid, that is, one that never existed, the couple must meet at least one of the following requirements:

  • During the marriage ceremony, one of the spouses could not give voluntary consent for the marriage.
  • One of the spouses forced the second to marry.
  • One of the spouses is impotent.
  • Spouses are blood relatives.
  • Bigamy: one of the spouses was in a marriage that is not yet dissolved, at the time of the wedding ceremony.
  • One of the spouses was less than 18 years of age at the time of marriage.
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Custody of the child in Kentucky

Custody of the child

The court is always guided by the best interests of the child and tries to distribute care so that the child receives maximum attention from two parents or a potential custodian.

The following factors are of great importance for decision making

  • The desire of each parent or potential custodian to be responsible for the upbringing of the child.
  • The child's desire for his or her custodian.
  • The relationship between the child and his or her closest surroundings (parents, brothers, sisters).
  • Mental health and physical performance of all parties involved.
  • Any facts of domestic violence.

If in the Kentucky divorce papers the cause of divorce is indicated as an abandonment , then the abandonment of the family residence is not considered when the party was physically harmed or was seriously threatened with physical harm by his or her spouse, when the harm or threat of harm was causally related to the abandonment.

Depending on what is best for the child, the court can award joint custody, in which both parents have equal rights. However, if there are facts of violence or ill-treatment in the family, the parent who committed the unlawful act will most likely not receive guardianship. Perhaps he or she will be allowed to see the child at certain times if the court finds that it is safe for the child and the main custodian.

Rules for child support in Kentucky

Any parent can file a petition for financial assistance to minors who were born in marriage. Kentucky uses the Income Shares Model to calculate the amount of support. This model includes the monthly gross income of each parent and the number of underage children in the family. Depending on the income level of each parent, the amount of financial support is divided proportionally. The minimum sum of financial support per one child is $ 60 per month.

The child's financial support stops when he or she reaches 18 years of age. However, if a child becomes emancipated because of his or her age, and not because of the marriage, if he or she is still a high school student, then the payment of support must continue until he or she reaches 19 years old.

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Rules for spousal support in Kentucky

Rules for spousal support

During a divorce in Kentucky, a court may order one of the spouses to pay financial support (alimony) to the second spouse if he is convinced that it is really necessary. Alimony can be either temporary or permanent. The court is guided by the following factors in the decision making on the duration and amount of alimony:

  • How long the marriage lasted;
  • The social and economic status of each spouse;
  • The age, physical and emotional characteristics of each spouse;
  • Profession, as well as sources of income of spouses;
  • Property that the spouses received after the division of property;
  • Assets and liabilities of each spouse;
  • Circumstances that led to the desire to get a divorce;
  • The tax consequences of the award of alimony;
  • The opportunities for each of the parties to seek employment or advance on the career ladder;
  • The needs of each spouse;

The payment of alimony is terminated if the spouse who is receiving them re-marries.

Property division in Kentucky

Property division

Division of property is a mandatory process through which all couples who have common property should pass. Kentucky adheres to the rule that common property should be divided fairly, although this does not mean that equally. By common property is meant all that was acquired by the spouses after the registration of marriage and before the decree for a divorce. Thus, in order to make a fair decision to the court, it is necessary to analyze the following factors:

  • The existence of an agreement between the spouses;
  • Duration of the marriage;
  • The contribution of each spouse to the acquisition of common property, as well as the contribution of each spouse to the maintenance of the household;
  • The value of each property;
  • The economic conditions of each spouse;
  • Property that has passed to the spouse through a gift or inheritance;
  • Property acquired by the spouses in exchange for property that was acquired before marriage;
  • The contribution that each spouse made to increase the value of common property;

Divorce without a lawyer in Kentucky

If the interested perty applies for a divorce in Kentucky, it is possible to get the divorce without the services of a lawyer. Depending on which county the spouses living, the process of divorce in the state of Kentucky can vary. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the divorce withou a lawyer.

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Mediation support in Kentucky

When divorced in Kentucky, the court may require the spouses to attend counseling sessions with a mediators if there is a possibility for reconciliation. In this case, the trial of the case will be postponed for a period of 30 to 60 days.

Divorce forms in Kentucky

The most common divorce form documents in Kentucky are ‘Petition for Divorce’, the ‘Summons’ and the ‘Certificate of Divorce’. However, the doucments form is depend on the circumstances of the divorce, as well as the county where it was applied.

The Kentucky Court on its website provides access to some necessary divorce documents. It is possible tofind significant or additional papers that are freely available on the Internet, or by using platforms like Online Divorce.

Uncontested divorce in Kentucky

Uncontested divorce in Kentucky

Kentucky State allows spouses to file a petition for a simplified divorce. The bottom line is that the couple must agree on all the key points of their divorce, including:

  • Custody for minor children born in wedlock, visiting hours, as well as the main residence of the child;
  • The amount of financial support for the child, the cost of his or her medical insurance and other medical expenses;
  • Division of common property;
  • Division of assets and liabilities;
  • The division of tax payments;
  • Amount and period of payment of matrimonial support;
  • Grounds for divorce;
  • Any other disputes that may arise in the divorce proceedings;

Depending on the circumstances of the divorce (for example, whether the interested person have underage children or not) will affect on what divorce form documents needed to fill out.
In order to be able to file for an uncontested divorce, in addition to the fact that both spouses must be completely in agreement with each other regarding controversial issues, they must also be residents of the state.

How to serve divorce papers in Kentucky

The filled divorce form documents must be filed in court. The copies of these documents have to be sent to the spouse, in order to ensure that the spouse has the opportunity to review the statements before the trial begins. According to the conditions of the state, the interested person have 45 days to serve the spouse. It is possible to do in several ways:

  • To hand over the documents to the spouse. The interested person should also ask the spouse to sign the form, that he or she has received the Kentucky divorce papers, and then transfer the form to the clerk from the court. 
  • The interested person can send the papers by registered mail directly from the court office. 
  • Use the help of the local sheriff to pass on the documents to the spouse.
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Filing fees for divorce in Kentucky

Court filing fees are in addition to the cost of using OnlineDivorce.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.