Residency and Separation Requirements
Residency: If at least one spouse has lived in Kentucky for at least 180 days, you have met the in-state residency requirement.
Separation: While you and your spouse must be separated for 60 days before your divorce can be finalized, keep in mind that:
- The 60-day separation requirement does NOT need to be met when you file. You can file for divorce now even if you just separated.
- You can be separated and still live under the same roof as long as you no longer have a sexual relationship.
Grounds for Divorce
If you think your marriage is damaged beyond repair, you can file for divorce on the no-fault grounds of irretrievable breakdown of the marriage.
Filing for Divorce
Divorces in Kentucky are filed at the Court Clerk's office in the county where either spouse lives.
Serving Your Spouse
Serving divorce papers is very easy in Kentucky. All you have to do is mail them to your spouse. Include an Entry of Appearance and Waiver form for your spouse to sign and return to you for filing with the Court Clerk's office. This saves you the expense of hiring a private process server and spares your spouse the embarrassment and inconvenience of being formally served by the Sheriff.
Finalizing the Divorce
Your uncontested divorce can be finalized in as little as sixty (60) days.