Kentucky Divorce Filing Checklist 2025

Filing for divorce in Kentucky can feel overwhelming when you're already dealing with the emotional challenges of ending a marriage. Understanding Kentucky's specific filing requirements—from the 180-day residency rule to the mandatory 60-day separation period—is essential to starting your case correctly and avoiding costly delays that could extend your divorce by months.

This comprehensive checklist walks you through every requirement for filing divorce in Kentucky in 2025, from residency rules to required AOC-252 forms to filing fees. By the end, you'll have a clear roadmap for initiating your dissolution of marriage and protecting your rights from day one.

Kentucky Residency Requirements for Divorce

Before filing for divorce in Kentucky, you must meet specific residency requirements to establish the court's jurisdiction over your case.

State Residency: At least one spouse must have lived in Kentucky continuously for 180 days immediately before filing the divorce petition, according to KRS 403.140. Being stationed in Kentucky as a member of the armed forces counts as Kentucky residency for this purpose.

County Venue: You may file in the Circuit Court in the county where either you or your spouse usually resides, as established by KRS 452.470.

Required Forms for Kentucky Divorce Filing

Kentucky uses a standardized series of forms called the AOC-252 packet for uncontested divorces without minor children. All forms are available free on the Kentucky Court of Justice website.

Core Forms You'll Need:

1. AOC-252 (or AOC-252A unredacted version) – Petition for Dissolution of Marriage (without children under 18)
2. AOC-252.1 – Waiver of Service and Entry of Appearance (if your spouse agrees)
3. AOC-252.2 – Waiver of Notice of Deposition and Final Hearing
4. AOC-252.4 – Separation Agreement (detailing property division and maintenance)
5. AOC-252.5 – Deposition of Petitioner (your sworn testimony)
6. AOC-252.6 – Findings of Fact, Conclusions of Law, and Decree (the final judgment)
7. AOC-252.8 – Motion to Submit for Entry of Decree
8. AOC-238 – Preliminary Verified Disclosure Statement (financial disclosure due within 45 days of service)

Important: Kentucky requires that you exchange financial disclosures (AOC-238) within 45 days after your spouse is served, even in uncontested cases. This form details all your income, assets, debts, and expenses.

Filing Fees and Costs in Kentucky

Filing fees for divorce in Kentucky vary by county. Based on recent county data, expect to pay:

• Circuit Court filing fee: $153 (Kenton County example; your county may differ)
• Service of process: ~$12 for certified mail service per defendant
• Domestic Relations Commissioner fee: $60/hour if needed (capped at $600 per case; maximum $15 in uncontested divorces)

Fee Waivers: If you cannot afford the filing fee, you may qualify for a fee waiver. Contact your local Circuit Court Clerk's office for information about filing a pauper's affidavit.

Pro tip: Call your county's Circuit Court Clerk before filing to confirm the exact filing fee, as costs range from $115 to $250 across Kentucky's counties.

Step-by-Step: Filing for Divorce in Kentucky

Here's the streamlined process for filing an uncontested divorce in Kentucky:

Step 1: Complete the AOC-252 forms
Fill out all required forms from the AOC-252 packet. Both spouses should review and sign the separation agreement (AOC-252.4) if you're in agreement.

Step 2: File with the Circuit Court Clerk
File your petition and supporting documents with the Circuit Court Clerk in the county where you or your spouse resides. Pay the filing fee at this time. Note: Self-represented litigants must file on paper; attorneys must e-file.

Step 3: Serve your spouse
Your spouse must be officially notified. You can use certified mail (arranged through the clerk), sheriff service, or have your spouse sign form AOC-252.1 (waiver of service).

Step 4: Wait 60 days
Kentucky law requires you and your spouse to be separated for 60 days before a judge can grant the final decree, per KRS 403.170. This is mandatory—even if you both agree on everything.

Step 5: Submit the final decree
After 60 days, submit form AOC-252.8 (Motion to Submit) along with your completed AOC-252.6 decree. The judge will review and sign the decree, finalizing your dissolution of marriage.

Calculate Your Kentucky Divorce Costs

Use our free calculator below to estimate your total divorce costs based on your situation. The calculator is pre-configured for Kentucky filing fees and typical costs. For strategies to reduce your expenses, read our practical guide on how to save money on divorce.

Note: This estimate is for planning purposes. Actual costs may vary based on case complexity and whether you reach settlement or go to trial.

Frequently Asked Questions

Q: Can I file for divorce in Kentucky if my spouse lives in another state?
A: Yes, as long as you meet the 180-day Kentucky residency requirement, you can file even if your spouse lives elsewhere. You'll need to properly serve them according to Kentucky's service rules.

Q: What does "irretrievable breakdown" mean?
A: It's Kentucky's no-fault divorce ground. You don't need to prove wrongdoing—only that the marriage cannot be saved and you've lived separately for 60 days.

Q: How long does a Kentucky divorce take?
A: Uncontested divorces typically take 8-12 weeks from filing. The 60-day separation requirement is usually the minimum timeframe, though court schedules can extend this.

Conclusion

Understanding Kentucky's divorce filing requirements is your first step toward a smoother dissolution process. While the legal requirements may seem complex, this checklist ensures you start your case properly and avoid costly delays.

Ready to estimate your total divorce costs? Use our free divorce cost calculator above to get a personalized breakdown based on your situation. For more information on divorce in general, explore our comprehensive guide on understanding the divorce process.

Remember: knowledge is power during divorce. The more you understand about your state's requirements, the better equipped you'll be to protect your financial future and move forward with confidence.