Divorce in Kentucky
A divorce in Kentucky can’t be final until at least 60 days have passed.[1] One spouse must have lived there 180 days before filing.[2] Property is divided equitably unless a couple opted into community property.[3] Divorce is no-fault only.[2] Each rule below links to the official text it comes from.
- Waiting period
- 60 days
- Residency before filing
- 180 days[2]
- Living apart first
- 60 days
Only when there are minor children of the marriage (separately, KRS 403.170 bars any decree until the spouses have lived apart 60 days; see no_fault.separation)[1]
60 days living apart before a decree (may be under the same roof without sexual cohabitation), for the no-fault ground[2]
Key facts: divorce in Kentucky
| Waiting period | 60 days[1] details ↓ |
|---|---|
| Residency requirement | 180 days[2] details ↓ |
| No-fault divorce | Yes (only ground)[2] details ↓ |
| Property division | Equitable distribution (community property trust opt-in)[3] details ↓ |
| Court mediation for custody | Court may order[4] details ↓ |
Statutes and court rules as checked October 26, 2026. Not legal advice.
What are the divorce laws in Kentucky?
Not legal advice. These are plain-English summaries of Kentucky’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in Kentucky.
Waiting period
60 days
In a divorce with minor children of the marriage, no testimony (other than on temporary motions) may be heard until 60 days after service of summons, appointment of a warning order attorney, or the defendant's appearance or response, whichever comes first.[1]
KRS 403.044 · checked October 26, 2026
Show statute text
“In divorce actions in which there are minor children who are the issue of the marriage no testimony other than on temporary motions shall be taken or heard before sixty (60) days have elapsed from the date of service of summons, the appointment of a warning order attorney or the filing of an entry of appearance or a responsive pleading by the defendant, whichever occurs first.”
Residency requirement
180 days
One spouse must have lived in Kentucky, or been stationed there with the armed services, for the 180 days before the petition is filed.[2]
KRS 403.140(1)(a) · checked October 26, 2026
Show statute text
“The court finds that one (1) of the parties, at the time the action was commenced, resided in this state, or was stationed in this state while a member of the armed services, and that the residence or military presence has been maintained for 180 days next preceding the filing of the petition;”
No-fault divorce
Yes, no-fault only
A Kentucky court grants a divorce when it finds the marriage is irretrievably broken; no decree may be entered until the spouses have lived apart for 60 days, which can include living under the same roof without sexual cohabitation.[2]
KRS 403.140(1)(c) and KRS 403.170(1) · checked October 26, 2026
Show statute text
“The court finds that the marriage is irretrievably broken; and”
“No decree shall be entered until the parties have lived apart for 60 days. Living apart shall include living under the same roof without sexual cohabitation.”
Property division
Equitable distribution (community property trust opt-in)
The court gives each spouse their separate property and divides marital property in just proportions without regard to marital misconduct; spouses may opt into community property treatment through a Kentucky community property trust.[3]
Community property in Kentucky: the statute quoted →
KRS 403.190(1) · checked October 26, 2026
Show statute text
“the court shall assign each spouse's property to him. It also shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors including:”
Court mediation for custody
Court may order
A Kentucky family court may refer a case or part of a case to mediation on its own or a party's motion, but may not refer all cases (or a type of case) by blanket policy, and may not order mediation where a party may pose a risk of harm or where domestic violence has been found unless the victim requests it.[4]
FCRPP 39(1)-(2), adopted by Kentucky Supreme Court Order 2022-58; KRS 403.036 · checked October 26, 2026
Show statute text
“At any time on its own motion or on motion of any party, the court may refer a case or portion of a case for mediation. Courts shall not, however, follow any blanket policy or practice of referring all cases, or any particular type of case, to mediation,”
Court mediation fees
Not yet verified
Start with Legal Self-Help (Kentucky Court of Justice).
Filing fee
Not yet verified
Start with Legal Self-Help (Kentucky Court of Justice).
Alimony
Court decides from listed factors
Kentucky courts may grant maintenance only if the requesting spouse lacks enough property for reasonable needs and cannot support themselves through appropriate employment (or is caring for a child who needs them at home). The amount and length are set from six listed factors.
Divorce rate
2.9 per 1,000 residents (2024)
Kentucky’s courts granted 2.9 divorces per 1,000 residents in 2024, down from 5.1 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 8.4 of every 1,000 women 15 and older in Kentucky divorced in the past year (±1.3; U.S. 6.9), a different measure.[5][6]
Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026
Estimate your divorce cost in Kentucky: mediation vs. court →
How child support is calculated in Kentucky →
Official help: Legal Self-Help (Kentucky Court of Justice)
Questions about divorce in Kentucky
How long does a divorce take in Kentucky?
The law sets the minimum, not the total: In a divorce with minor children of the marriage, no testimony (other than on temporary motions) may be heard until 60 days after service of summons, appointment of a warning order attorney, or the defendant's appearance or response, whichever comes first. How long it takes after that depends on whether you agree and on the court's calendar. — KRS 403.044[1]
How long do you have to live in Kentucky to file for divorce?
One spouse must have lived in Kentucky, or been stationed there with the armed services, for the 180 days before the petition is filed. — KRS 403.140(1)(a)[2]
Is Kentucky a no-fault divorce state?
A Kentucky court grants a divorce when it finds the marriage is irretrievably broken; no decree may be entered until the spouses have lived apart for 60 days, which can include living under the same roof without sexual cohabitation. — KRS 403.140(1)(c) and KRS 403.170(1)[2]
Is Kentucky a community property state?
Not by default. The court gives each spouse their separate property and divides marital property in just proportions without regard to marital misconduct; spouses may opt into community property treatment through a Kentucky community property trust. — KRS 403.190(1)[3]
Is mediation required for custody in Kentucky?
A Kentucky family court may refer a case or part of a case to mediation on its own or a party's motion, but may not refer all cases (or a type of case) by blanket policy, and may not order mediation where a party may pose a risk of harm or where domestic violence has been found unless the victim requests it. — FCRPP 39(1)-(2), adopted by Kentucky Supreme Court Order 2022-58; KRS 403.036[4]
More
Compare nearby states
Mediation in Kentucky
Sources
Kentucky’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.
- KRS 403.044 (Kentucky General Assembly)↩
- KRS 403.140(1)(a) (Kentucky General Assembly)↩
- KRS 403.190(1) (Kentucky General Assembly)↩
- FCRPP 39(1)-(2), adopted by Kentucky Supreme Court Order 2022-58 (eff. Jan. 1, 2023); KRS 403.036↩
- CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024↩
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503↩