The Divorce Process in Kentucky

Kentucky's divorce rate (3.8 per 1,000 population) exceeds the national average of 3.2. If you are considering divorce in Georgetown, Scott County, or anywhere in Central Kentucky, understanding the process can help reduce stress and uncertainty. Attorney Ashley Larmour guides clients through every step.

Residency Requirement

Before a party can file for divorce, he or she must have been a resident of the Commonwealth for 180 days.

Filing for Divorce

The spouse initiating the divorce (the petitioner) files a Complaint in Circuit Court in the county where one spouse resides. The document requests a divorce decree based on the marriage being "irretrievably broken," reflecting Kentucky's no-fault divorce approach.

Service of Process

The petitioner must arrange for legal service of the Summons and a copy of the Complaint to the respondent (the non-filing spouse).

Response Timeline

The respondent has 20 days to file an Answer. Two scenarios follow:

Uncontested Divorce

The respondent files an Entry of Appearance Waiver along with a signed Divorce Settlement Agreement addressing child custody, support, spousal support, and property division. These cases can proceed more smoothly and quickly.

Contested Divorce

The respondent files objections, triggering court hearings that may extend proceedings for months. Issues may include custody disputes, property division disagreements, or spousal support conflicts.

Property Division

Kentucky employs "equitable distribution," meaning courts divide marital property fairly but not necessarily equally. Factors considered include the length of marriage, each spouse's contributions, and economic circumstances.