Divorce may be defined as the legal ending, or dissolution, of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Kentucky commonly grant divorces because forcing a couple to stay married would be considered against public policy.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, such as Kentucky, no-fault is the only viable justification for a divorce, even if fault grounds exist within the marriage. The other states allow the individuals involved to select either a no-fault or a fault divorce. Lawyers.com gives a comprehensive overview of divorce and separation law in the state of Kentucky.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the bases for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” In Kentucky, the justification for a no-fault divorce is an irretrievable breakdown of the marriage. The Legal Aid Network of Kentucky offers help to low-income citizens who are seeking a divorce in Kentucky.

Many states require a "cooling-off" period of separation for a specific period of time before no-fault divorce proceedings can commence. During this time, the couple is required to live separate and apart with the intent that the separation will be permanent. The duration of the cooling-off period varies according to state law.  In Kentucky, a divorce will not be granted until the spouses have lived apart for at least 60 days.

Some states also allow fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. Kentucky does not have provisions for fault divorces, although if the wife is pregnant, the couple may not file for divorce until after the child is born, even if the husband is not the child’s biological father.

To file for divorce in Kentucky, one of the spouses must be a resident of the state, and have been so for at least 180 days. Divorce proceedings are commenced by the filing of a complaint for dissolution of marriage with the circuit court in which at least one of the spouses lives. After the complaint has been filed, either party can request temporary assistance from the court regarding temporary custody, child support, and the temporary payment of marital debt.

There is also a simplified divorce procedure available in Kentucky for couples who enter into a written agreement regarding finances, child custody and support, and property division. This agreement will become part of the final divorce decree in Kentucky.

The specific grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Kentucky, can be found at abanet.org.

*An example of a Kentucky Divorce Settlement Agreement can be seen on Free Legal Aid.