There’s a Divorce Waiting Period for Childless Kentucky Couples

On behalf of The Berger Firm Jan. 21, 2020

Divorce laws are different in every state, which can lead to a lot of confusion for a person who wants to end their marriage. In many states, only couples with minor children have a formal waiting period. However, Kentucky requires that any couple considering divorce undergo a separation prior to the finalization of their divorce.

Instead of getting to file and seek an immediate court ruling, you will need to affirm to the courts that you have separated from your spouse and that reconciliation isn’t possible in your current circumstances. Understanding the terms of that separation can make it easier for you to quickly and efficiently end your marriage when you know the time is right.

Document the Beginning of Your Separation

Kentucky legal code specifically requires that the couple seeking a divorce have lived apart for at least 60 days prior to the final decree. Moving to a new residence, whether it’s an apartment, a hotel room or a loved one’s guest bedroom, is usually sufficient to prove separation for the courts.

Living separately can be expensive and difficult, which may mean that it isn’t an immediate option for some couples trying to end their marriages. For someone currently financially dependent on their spouse, moving out may not be an option. You can have a formal separation while technically living in the same house, provided that there is no sexual relationship between you and your spouse during the separation period.

After 60 days or longer, the courts can then review your request for divorce and finalize it. Planning before your initial filing to meet the criteria for legal separation can expedite your divorce proceedings.