Getting Divorced

Kentucky dissolves a marriage on one ground: that it is irretrievably broken, meaning there is no reasonable prospect of reconciliation. When both spouses say so under oath, or one says so and the other does not deny it, the court holds a hearing and makes the finding.

• §KRS 403.170StatuteMarriage -- Irretrievable breakdownOpens apps.legislature.ky.gov ↗

• No decree is entered until the parties have lived apart for 60 days, and living under the same roof without sexual cohabitation counts as living apart.
• When one spouse denies under oath that the marriage is broken, the court weighs the circumstances and either makes the finding or continues the case for not fewer than 30 nor more than 60 days, and may suggest counseling.
• The court may order a conciliation conference as part of the hearing, and must order one at the request of either party when the case is continued.

• §KRS 403.170StatuteMarriage -- Irretrievable breakdownOpens apps.legislature.ky.gov ↗

Where there are minor children of the marriage, no testimony other than on temporary motions is heard until sixty days have passed from service of the summons, the appointment of a warning order attorney, or the other spouse's appearance or answer, whichever comes first.

• §KRS 403.044StatuteTestimony in certain cases not taken for sixty days after complaint filedOpens apps.legislature.ky.gov ↗