Divorce & Legal Separation

Kentucky requires a 60-day waiting period after filing before a divorce can be finalized. Uncontested divorces may be completed in 2-3 months. Contested divorces involving disputes over property, custody, or support can take 6 months to over a year.

Kentucky is a no-fault divorce state. You only need to prove that the marriage is "irretrievably broken" - meaning there's no reasonable prospect of reconciliation. You don't need to prove wrongdoing by your spouse.

Kentucky is an "equitable distribution" state, meaning marital property is divided fairly, though not necessarily equally. The court considers factors like length of marriage, each spouse's contributions, and economic circumstances.

Legal separation allows couples to live apart and divide property/support obligations while remaining legally married. This may be preferred for religious reasons, to maintain insurance coverage, or as a trial period before divorce. Once a decree of legal separation is issued, the couple cannot convert it to a divorce for a year.

Kentucky courts determine custody based on the child's best interests. Factors include each parent's relationship with the child, stability of living situations, the child's preferences, and each parent's willingness to facilitate a relationship with the other parent. It is a common falsehood that there is a magic age in which "a child can choose." While a child's wishes are part of a court's consideration, the court can decide otherwise until a child is 18.