Can I File for Divorce in Kentucky?

The state of Kentucky has unique residency requirements for people who wish to file for divorce. You must meet these state-specific requirements prior to filing with your local Circuit Court for your county. The Kentucky residency requirements are as follows:

Court may enter decree of dissolution or separation. (1) The Circuit Court shall enter a decree of dissolution of marriage if: (a) The court finds that one (1) of the parties, at the time the action was commenced, resided in this state, or was stationed in this state while a member of the armed services, and that the residence or military presence has been maintained for 180 days next preceding the filing of the petition.

The Dissolution of Marriage is typically filed with in county in which the filing spouse lives.

(Kentucky Statutes - Title 35 - Chapters: 403.140 and 452.470)

If you DO NOT meet at least one of the above Kentucky residency requirements, you have the following options:

• Establish residency in Kentucky for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the Kentucky residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

When you are filing for divorce in Kentucky, you will be signing a sworn statement that you have lived in Kentucky for the past 180 days (or 6 months). If you are a military member you still must meet this requirement before you can file in Kentucky.