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Legal Separation in Kentucky

How legal separation differs from divorce in Kentucky. Process, rights, and when to choose it. Kentucky follows equitable distribution.

Property Type

Equitable

Filing Fee

$150–$200

Median Cost

$7,000–$28,000

Annual Divorces

18,000+

Understanding Legal Separation in Kentucky

To file for divorce in Kentucky, you must meet Kentucky’s residency requirement of 180 days. The filing fee is $150–$200. There is a mandatory waiting period of 60 days before the divorce can be finalized.

Kentucky only allows no-fault divorce. You file on the grounds of irreconcilable differences or irretrievable breakdown of the marriage.

An uncontested divorce in Kentucky typically costs $7,000 and takes 2–4 months. Contested cases average $28,000 and can take 12–18 months or longer. The governing statute is KRS §403.140.

Common Questions

How long do you have to live in Kentucky to file for divorce?
Kentucky requires 180 days of residency before you can file for divorce. KRS §403.140 governs the filing requirements.
Is Kentucky a community property or equitable distribution state?
Kentucky follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Kentucky?
Filing fees in Kentucky range from $150–$200. The median total cost is approximately $7,000 for uncontested divorces and $28,000 for contested cases.
How long does a divorce take in Kentucky?
Kentucky has a mandatory waiting period of 60 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Kentucky?
Kentucky uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about legal separation in Kentucky and is not legal advice. Verify current statutes with KRS §403.140 or consult a licensed Kentucky attorney. Last reviewed March 2026.