Kentucky Dissolution of Marriage FAQ — Most Common Questions (2026)

The Basics

Why does Kentucky call it "Dissolution of Marriage" instead of "divorce"? Kentucky's domestic relations statute uses the term "Dissolution of Marriage." It is functionally identical to a divorce — the marriage is legally terminated. The terminology matters for official forms and court documents.

Is Kentucky no-fault only? Yes. Since 1972, Kentucky has had only one ground for dissolution: irretrievable breakdown of the marriage. There are no fault grounds. You cannot allege adultery or cruelty, and fault does not affect property division or maintenance.

Timing

What is the 60-day waiting period? Kentucky law prohibits the court from entering a final Decree of Dissolution until at least 60 days after the Petition was filed. This is mandatory and cannot be waived. The earliest possible Decree date is Day 61 after filing.

Do I need to be separated for 60 days before filing? No. The 60-day period starts when the Petition is filed — you do not need to have been separated for 60 days before filing.

Property

Does Kentucky always split property 50/50? No. Kentucky is an equitable distribution state. Property is divided fairly, which usually means close to 50/50 in most agreed cases, but the court has discretion. In agreed dissolutions, the Separation Agreement controls the division.

Can the court take my pre-marital property? Generally no. Property owned before the marriage is non-marital property and is not subject to division. However, if it was commingled with marital funds and cannot be traced, it may become marital property.

Forms and Court

Do I need a lawyer in Kentucky? No. Kentucky allows self-represented ("pro se") filers. The free AOC forms at courts.ky.gov/forms are designed for self-represented litigants. However, if the dissolution is contested or involves complex assets, consulting an attorney is wise.

Do I have to go to court for an uncontested dissolution? In most Kentucky counties, no. For fully agreed, uncontested cases, the judge reviews the paperwork (Petition, Financial Disclosures, Separation Agreement) and signs the Decree without a hearing.

Where do I file? Circuit Court in the county where either spouse has lived for at least 180 days.

Maintenance

Can I get alimony in Kentucky? Maintenance (Kentucky's term for alimony) may be awarded if you lack sufficient property to meet your reasonable needs AND cannot support yourself through appropriate employment. The most common form in Kentucky is rehabilitative maintenance — time-limited to allow you to become self-supporting.

Does fault affect maintenance? No. Kentucky's no-fault system means fault (adultery, cruelty, abandonment) does not affect maintenance awards.

Last reviewed: March 2026 | No-fault only since 1972 | 60-day wait from filing | Free AOC forms at courts.ky.gov | No hearing for agreed cases in most counties | $113–$148 filing fee

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.