Legal Information: Kentucky

Divorce

Updated: 
September 21, 2017

What are the grounds for divorce in Kentucky?

Grounds are legally acceptable reasons for a divorce. The only ground in Kentucky is that the marriage is irretrievably broken, which means that there is no reasonable prospect of you and your spouse reconciling (getting back together). The judge can grant you a divorce if:

  • both spouses state that the marriage is irretrievably broken; or
  • one spouse states that the marriage is irretrievably broken and the other does not deny it.1

However, if either spouse denies that the marriage is irretrievably broken, the judge will consider:

  • the circumstances of why the divorce petition was filed;
  • the possible chances of reconciliation (fixing the marriage); and
  • any other relevant factors.2

After considering these things, the judge will then decide whether your marriage is in fact irretrievably broken or the judge could continue the hearing for 30-60 days and request that you and your spouse seek counseling. At the next hearing, the judge would then decide whether or not your marriage is irretrievably broken.2

1 KRS § 403.170(1)
2 KRS § 403.170(2)