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Here’s what you should know about divorcing in Kentucky

On Behalf of | Oct 27, 2020 | divorce

If you’re going to be going through a divorce in Kentucky, it’s a good idea to understand the laws that may affect you. The first one that you should understand is the law regarding the waiting period.

In Kentucky, you’ll need to live apart from your spouse for 60 days before you can divorce. If you cannot separate from the home, you must live for 60 days without sexual cohabitation. The final divorce decree cannot be entered until this requirement has been met.

You also have to be a resident of Kentucky or be stationed in Kentucky at a military base to get divorced there. If you do not live in Kentucky or have residency within the state, your spouse must. Residency is established by remaining in the state for 180 days before you file for the divorce.

Are there alternatives to divorce in Kentucky?

Yes, there are. In Kentucky, some alternatives to a traditional divorce include a “divorce from bed and board” or a legal separation decree. With a divorce from bed and board, neither party is eligible to remarry. It also doesn’t prohibit dower, curtsey or other distribution rights as a divorce would.

Legal separations also won’t allow you to remarry. They are typically used when you want to legally separate your finances and personal lives but not complete a divorce for personal reasons. However, you can turn a legal separation into a divorce if you’d like, so long as you have been legally separated for at least one year. At that point, the court can change the decree to one for a divorce.

These are some unique laws and rules to know in Kentucky. If you want to separate or divorce, our website has more information.