Am I Eligible to File for Dissolution of Marriage in Kentucky? (2026)
Disclaimer: General legal information only. Not legal advice.
Residency Requirement — 180 Days
Either you or your spouse must have been a resident of Kentucky for at least 180 days (approximately 6 months) immediately before filing the Petition for Dissolution.
| Situation | Result |
|---|---|
| You've lived in Kentucky for 180+ days | ✅ File in your county |
| Spouse has lived in Kentucky for 180+ days | ✅ File in their county |
| Neither party has lived in Kentucky for 180 days | ❌ Not yet eligible — wait until 180 days is met |
Which county: File at the Circuit Court in the county where either spouse has resided for at least 180 days. If both are in Kentucky, file in either county.
The 60-Day Separation Requirement
Kentucky requires that at least 60 days have elapsed since the Petition was filed before the court can enter a final Decree of Dissolution. This is a minimum waiting period — not a pre-filing separation requirement.
You do NOT need to have been separated for 60 days before filing. The 60-day clock starts when the Petition is filed.
What counts as "living separate and apart": The parties no longer cohabit as spouses — emotionally and physically separated from the marital relationship. Living in the same house while separated may be acceptable in some circumstances, but physical separation is cleaner.
No-Fault Ground — Irretrievable Breakdown
Kentucky has been no-fault only since 1972. The sole ground is "irretrievable breakdown of the marriage."
On the Petition, you simply state that the marriage is irretrievably broken. There are no fault grounds. The court does not inquire into why the marriage broke down.
Fault does not affect:
- Division of marital property
- Maintenance (alimony)
- Attorney's fees
Other Eligibility Factors
Legal marriage: The parties must be legally married. Kentucky recognizes marriages solemnized in other states.
Not already divorced: If a prior dissolution action is pending, you cannot file a new one.
Children: If you have minor children of the marriage, additional forms and a Parenting Plan are required, and child support must be addressed.
Eligibility Checklist
- Either party has lived in Kentucky for 180+ days ✅
- Standard (non-covenant) marriage ✅
- Know which county to file in ✅
- Ready to state the marriage is "irretrievably broken" ✅
- Understand the 60-day waiting period ✅
Last reviewed: March 2026 | 180-day residency | 60-day wait from filing | No-fault only | Circuit Court | courts.ky.gov/forms
Written by the SoLongSoulmate.com Editorial Team
Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.