Kentucky Divorce Waiting Period and Residency Rules

The Short Version

Kentucky has two basic timing rules for divorce. First, one spouse must have lived in Kentucky, or been stationed here in the armed services, for 180 days before filing. That comes from KRS 403.140. Second, the court cannot enter a divorce decree until the spouses have lived apart for 60 days. That comes from KRS 403.170. Families with minor children have one more rule, in KRS 403.044, about when testimony can be taken.

Each of those rules is explained below. If you are worried about timing because of a move, a job, or your children, this page should help you understand where you stand before you talk with a Kentucky divorce attorney.

Residency: Who Has to Meet It

KRS 403.140(1)(a) says the Circuit Court shall enter a decree of dissolution if it finds that one of the parties, at the time the action was started, resided in Kentucky, or was stationed in Kentucky while a member of the armed services, and that the residence or military presence had been maintained for 180 days before the petition was filed.

A few points follow from that language:

• Only one spouse needs to meet the requirement. Your spouse can live in another state.
• Members of the armed services who are stationed in Kentucky can qualify through that military presence.
• The 180 days is counted back from the filing date. If you moved here recently, you may need to wait before you file.
• The requirement is measured when the action begins, so it is worth confirming your dates before anything is filed.

If you are close to the 180 day mark, keep records that show when you started living here, such as a lease, utility bills, or a job start date.

The 60 Day Living Apart Requirement

KRS 403.170(1) says no decree shall be entered until the parties have lived apart for 60 days. The same sentence goes on to say that living apart includes living under the same roof without sexual cohabitation.

That matters for a lot of families in small towns, where one spouse moving out right away is not always possible. Money may be tight, there may be one house and children who need stability, or a spouse may simply have nowhere else to go. Under the statute, spouses who are still in the same home but are no longer living together as a married couple can count as living apart.

The same statute also covers what happens when one spouse denies that the marriage is irretrievably broken. In that situation, KRS 403.170(2) lets the court continue the matter for a further hearing not fewer than 30 nor more than 60 days later, suggest counseling, and order a conciliation conference if either spouse asks. At that later hearing the court decides whether the marriage is irretrievably broken.

An Added Rule for Divorces With Minor Children

KRS 403.044 is a separate 60 day rule, and it only applies when there are minor children of the marriage. In those cases, no testimony other than on temporary motions can be taken or heard until 60 days have passed from the earliest of these events: service of the summons, the appointment of a warning order attorney, or the other spouse's entry of appearance or responsive pleading.

Temporary motions are still allowed during that period. That means a parent can ask the court for temporary orders on things like the parenting schedule or support while the case is pending. For more on how custody is handled, see our Kentucky child custody page.

Why the Whole Process Usually Takes Longer

The 180 day and 60 day rules are minimums. Most divorces take longer than the shortest possible path, for ordinary reasons:

• Service. The other spouse has to be formally served with the petition, or enter an appearance, before the case can move forward.
• The response. The other spouse has a set time under the court rules to file a response, and may ask for more time.
• Financial disclosure and discovery. Each side gathers and exchanges information about income, accounts, property, and debt.
• Mediation. Many couples use mediation to settle some or all issues, and scheduling sessions takes time.
• Contested hearings. If an issue does not settle, the court has to schedule a hearing, and court calendars vary from county to county.
• Required findings. Under KRS 403.140, the court must consider or make provision for custody, child support, maintenance, and property, to the extent it has jurisdiction, before it enters a decree.

Because every case and every court calendar is different, we do not promise a finish date. We can tell you what step comes next and what you can do to keep things moving.

Uncontested and Contested Timing in General Terms

When spouses agree on everything, they can put their terms in a written separation agreement under KRS 403.180. The property and maintenance terms are binding on the court unless the court finds them unconscionable, and the court reviews any terms about the children. Agreed cases tend to move closer to the statutory minimums because there is less for the court to decide.

When spouses disagree, the case usually takes longer. Each disputed issue can mean more information to gather, more negotiation, and possibly a hearing. Even then, many contested cases settle along the way, sometimes through mediation.

What You Can Do Now

Even before you file, there are steps that can make the process smoother:

• Write down the date you moved to Kentucky and the date you and your spouse began living apart.
• Gather recent tax returns, pay stubs, and account statements.
• Make a list of property and debts, and note which ones you or your spouse had before the marriage.
• Keep a simple record of your children's routine, school, and activities.
• Read through our Kentucky family law resources for more background.

And if you are not sure whether you meet the residency rule or how the 60 day requirement fits your situation, a consultation can answer that for your specific facts.

Frequently Asked Questions About Kentucky Divorce Timing

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