Residency Requirements

When filing for divorce in the State of Kentucky, either party must have been a resident of the state for 180 days or, if in the military, has been stationed in Kentucky and the military presence has been maintained for 180 days before filing for divorce.

Grounds

The only grounds for divorce in Kentucky are the irretrievable breakdown of the marriage.

Child Custody

Custody is determined according to the best interests of the child. The parents may prepare an agreement with regards to either joint or sole custody of the child(ren). Alternatively, the court may award joint or sole custody of children to the parties. Joint custody ensures that each parent will participate in making important decisions pertaining to the child, but does not necessarily mean that each parent will have custody of the child 50% of the time.

Any custody decision should take into account the wishes of the parents and the child and the ability of each spouse to parent the child. In addition, a custody decision would include consideration of the bond between child, any siblings and the parents, as well as the child’ adjustment to his or her school, household and community. Another determining factor to keep in mind when deciding custody is the mental and physical health of all parties involved.

Child Support

Kentucky’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating child support amounts. Child support continues until the child reaches eighteen years of age, and may be extend through the child’s secondary education.

Venue

The dissolution action must be initiated in the county where the husband or wife usually resides.

Mediation

If a divorce is pending, either party may file a motion requesting mediation of their disputed issues. The parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis, prior to the initiation of divorce proceedings.

Filing Fees

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