Getting a divorce can differ significantly across state lines in the United States. Each state has specific laws that apply to all divorcing couples, especially regarding financial holdings. Some states are community property states that allow for equal distribution of property accrued during the term of the marriage. Kentucky is not a community property state, but it has established a few specific laws regarding the personal and marital property as well as certain requirements for divorcing couples.
Residency requirements
Eligibility for requesting a divorce decree in Kentucky begins with the length of residency in the state. One spouse must be living in the state for at least 180 days. Additionally, spouses must have lived separately for at least 60 days.
No grounds required
While some states require the filing spouse to state exactly why they want a divorce, Kentucky does not. Also known as a “no-fault” divorce, all that is required is for either party to desire a ceasing of the legal union. Judges have the authority to extend the time for potential reconciliation, but this action is rare without extenuating circumstances.
Legal separation
Kentucky is a state that grants legal separation. This allows married couples to live separately in “divorce from bed and board” while still allowing marital recognition for financial applications. This order typically stands for one year, at which time either party can request that the divorce be finalized legally.
Married couples in Kentucky should be aware of these stipulations and potential options when seeking a divorce. Additionally, there is a filing fee for any family court request, but those who can demonstrate financial difficulty could have the fees waived in certain situations.