Waiting period in KY

Jurisdiction: 

Area of Law: 

Question: 

I separated from my wife in April and moved back to KY in June from WA. I became a KY citizen in AUG. Is there any way I can get the 180 day waiting period waved in KY. I would like to get divorced as soon as possible. We have no kids and no property together.

Selected Answer: 

To file for divorce in

To file for divorce in Kentucky, you must live in the state for at least 180 days prior to filing for divorce. The 180 days establishes jurisdiction over the case and cannot be waived. In addition to the 180 day residency requirement, to be recognized as a Kentucky resident you must be registered to vote in Kentucky, possess a Kentucky driver’s license, pay Kentucky state taxes or currently stationed in the military in Kentucky for at least 180 days. Also, Kentucky requires the spouses to be separated for at least 60 days before filing for divorce. Since you and your spouse do not have children together and there is no property to distribute, it does not matter that your spouse does not live in Kentucky. For more information about filing for divorce in Kentucky, visit http://www.kyjustice.org/node/1610.    In contrast, Washington state does not have a residency requirement so if your spouse is still living in Washington, you may consider filing for divorce in that state. See http://www.freelegalaid.com/nav/washington/divorce/article/grounds-divorce-washington for information about the available grounds, or reasons, for filing for divorce in Washington.

All Comments

To file for divorce in

To file for divorce in Kentucky, you must live in the state for at least 180 days prior to filing for divorce. The 180 days establishes jurisdiction over the case and cannot be waived. In addition to the 180 day residency requirement, to be recognized as a Kentucky resident you must be registered to vote in Kentucky, possess a Kentucky driver’s license, pay Kentucky state taxes or currently stationed in the military in Kentucky for at least 180 days. Also, Kentucky requires the spouses to be separated for at least 60 days before filing for divorce. Since you and your spouse do not have children together and there is no property to distribute, it does not matter that your spouse does not live in Kentucky. For more information about filing for divorce in Kentucky, visit http://www.kyjustice.org/node/1610.    In contrast, Washington state does not have a residency requirement so if your spouse is still living in Washington, you may consider filing for divorce in that state. See http://www.freelegalaid.com/nav/washington/divorce/article/grounds-divorce-washington for information about the available grounds, or reasons, for filing for divorce in Washington.