Kentucky Divorce Records

Kentucky's divorce rate has steadily declined over recent years. According to data published by the CDC's National Center for Health Statistics, the state currently has a divorce rate of approximately 2.9 per 1,000 residents, which is higher than the national average of 2.4 per 1,000.

Kentucky is a no-fault divorce state, meaning that spouses are typically granted a divorce on the grounds of their marriage being irretrievably broken without needing to prove wrongdoing or misconduct by either party. On average, a divorce in Kentucky costs approximately $8,151 per person, significantly lower than the national average of $9,969. This estimate includes attorney fees, court filing fees, and other related expenses. However, note that actual overall costs can vary significantly based on the complexity of the case and whether children or substantial assets are involved.

Are Divorce Records Public in Kentucky?

Divorce records in Kentucky are generally considered public documents, meaning that any interested party may inspect and/or request copies of these records, by the Kentucky Open Records Act (as outlined in Kentucky Revised Statutes 61.870 - 61.884). However, the law also recognizes the need to protect private and sensitive information and provides certain exemptions where public disclosure of a divorce record (or information contained in the record) may be restricted.

Examples of these restricted records/information include social security numbers, financial account details, sensitive details involving minor children, certain domestic violence and sexual assault-related information, mental health records, and any court-sealed records. Access to these restricted divorce records is typically limited to specific parties, including the individuals named in the divorce, their attorneys, judicial officers, and government agencies with a legal reason to review the records.

What Is Included in Kentucky Divorce Records?

In Kentucky, the term "divorce records" is collectively used to describe different documents that are generated during divorce proceedings. There are two primary types of divorce records in the state:

• Decrees of Dissolution of Marriage: often referred to as a "decree of dissolution" or simply as a "divorce decree", this is the official court order finalizing the divorce. Divorce decrees typically contain detailed information, including the court's decisions on key issues such as child custody, spousal maintenance (alimony), division of marital property and debts, and any other court-ordered arrangements. Divorce decrees are maintained by the Circuit Court Clerk in the county where the divorce was granted.
• Certificates of Divorce: Sometimes referred to as a "divorce certificate", this document serves as a summary record of the divorce and includes basic details such as the full names of the parties involved, the county and court where the divorce was granted, and the date the divorce was officially granted. While divorce certificates are not as detailed as divorce decrees, they are typically sufficient for administrative or legal purposes like name changes. These documents are maintained at the state level by the Kentucky Office of Vital Statistics.

How Do I Find Kentucky Divorce Records?

Kentucky divorce records are accessible through the Kentucky Court of Justice (via Circuit Court Clerks) and also the Kentucky Cabinet for Health and Family Services (via its Office of Vital Statistics). Certified copies of these records are often required for various official purposes, including:

• Proving divorce for remarriage or immigration purposes
• Updating identification documents, such as driver's licenses and passports
• Modifying or enforcing child support, custody, or alimony orders
• Settling estates or updating wills and insurance beneficiaries
• Facilitating name changes and updating Social Security information
• Accessing claims and benefits

Look Up Kentucky Divorce Certificate

The Kentucky Cabinet for Health and Family Services, through its Office of Vital Statistics (OVS), maintains records of divorces that occurred across the state from June 1958 to date and provides access to these records in the form of certified copies of divorce certificates. Requesters typically need to provide certain details on the record being sought, including the full names of the parties involved, the month, day, and year of the divorce, and the county where the divorce was granted.

Requests can be made directly to the Office of Vital Statistics in person at:

You will typically be required to complete an Application for a Certified Copy of Marriage/Divorce Certificate and pay a non-refundable $6 fee (per copy required). The completed form and the applicable fees (in the form of a check or money order payable to "Kentucky State Treasurer") may also be submitted via Drop Box (at the address listed above) or mailed to the office at:

In-person requests are typically processed on the same day, while Drop Box and mail-in requests are usually processed within 5 - 7 business days, but may take up to 30 working days. Inquiries may be directed to the OVS at (502) 564-4212.

Look Up Kentucky Divorce Decree

Kentucky divorce decrees may be accessed through the Circuit Court Clerk in the county where the divorce was granted. The procedure for obtaining copies of these records may vary by county, but generally involves submitting an official record request and providing specific case details such as the full names of both parties, the approximate date of the divorce, and the case number. Depending on the county, the request may be submitted in person, via mail, or online. You will also be required to pay a search and/or copy fee, which typically ranges from $5 - $20 per copy. It is advisable to contact the Circuit Court Clerk in advance to confirm their specific requirements for obtaining copies of divorce decrees.

Look Up Kentucky Divorce Court Records

In addition to divorce certificates and divorce decrees, interested members of the public may also access other documents contained in a divorce case file, such as the initial divorce filing, pleadings, motions, and court orders, through the Circuit Court where the divorce case was handled. Copies of these records can typically be obtained by submitting a request to the appropriate Circuit Court Clerk and paying the applicable copy fees.

Some records may also be accessible online at no cost using the Kentucky Court of Justice's KYeCourts platform. Note that requests for certified copies of divorce court records typically have to be made directly to the Circuit Court Clerk. Also, depending on the age of the record, you may need to contact other agencies to obtain copies:

• Court records between 15 - 35 years old are typically maintained by the Kentucky State Records Center and may be accessed by either calling (502) 564-3617 or submitting a Records Request Form to the center via email. Be aware that you will typically need to provide a case and locator number for the required divorce court record (you may get this information from the Circuit Court Clerk in the county where the divorce was granted).
• Court records that are 36 years and older are typically kept by the Kentucky Department for Libraries and Archives and may be accessed by contacting the department at (502) 564-1787 or via email.

Can You Seal Divorce Records in Kentucky?

Yes, it is possible to have divorce records sealed in Kentucky. However, to do this, you will need to make a formal request to the court of jurisdiction and provide a valid justification for the request. Courts typically only grant record sealing requests when there is "good cause" to protect the interests of the individuals involved. Some common reasons/justifications include safeguarding the privacy of minor children, concealing sensitive financial or medical information, and preventing undue harm to an individual's reputation or safety.

To request a divorce record sealing in Kentucky, you must file a motion with the court where the divorce was finalized. The motion should clearly state the reasons for requesting confidentiality and include any supporting documentation. The court will review the request and determine whether sealing is justified or not. If the court grants the request, the sealed records will no longer be publicly accessible. However, certain governmental entities and authorized individuals may still access the record.

How Long Does a Divorce Take in Kentucky?

Per Kentucky Revised Statutes Section 403.170, a divorce decree cannot be issued in Kentucky until the couple has "lived apart" for at least 60 days. This means that divorces in the state typically take a minimum of 60 days before being finalized. Notwithstanding this, the total time for a divorce is also determined by whether it is contested or uncontested. In an uncontested divorce, where both spouses agree on all terms (such as property division and custody), the divorce process can usually be completed relatively quickly after a period of 60 days. On the other hand, in an uncontested divorce, where the spouses disagree on key issues, the case may go through negotiations, mediation, or trial, which can extend the process to several months or even years.

Does Kentucky Require Separation Before Divorce?

Yes. While a spouse may file for divorce at any time, Kentucky law requires that couples must "live apart" for at least 60 days before the divorce may be finalized. However, living apart does not necessarily mean that the spouses must reside in separate homes; for divorce purposes, a couple "living apart" may still reside in the same home, provided they are not engaging in sexual relations. This means that even if they share a physical space, they must demonstrate that their marital relationship has effectively ended.

How Are Assets Split in a Kentucky Divorce?

Kentucky generally follows the legal principle of equitable distribution when dividing marital property. This means that assets are not necessarily split 50/50 between both parties - instead, the court aims for a division that is "just", considering each party's circumstances. Under state law, marital property includes assets and debts acquired during the marriage, regardless of which spouse's name appears on the title. However, property acquired as certain gifts and inheritances or specifically excluded by a valid agreement (like a prenuptial agreement), is not considered marital property and is excluded from division during a divorce.

When dividing marital property, the court considers several factors, including:

• Each spouse's contributions to acquiring the property, including non-financial roles like homemaking
• The value of assets assigned to each spouse
• The length of the marriage
• Each spouse's financial situation at the time of the property division

It is important to point out that, per Kentucky law, courts do not typically consider marital misconduct as a factor when determining an equitable division of property between divorcing couples.

Who Gets Custody of a Child in Divorce in Kentucky?

Kentucky courts prioritize the best interests of the child when deciding custody matters. The state strongly favors joint custody and equal parenting time whenever feasible, with Kentucky's custody laws specifically creating a presumption in favor of shared parenting. While there may have been historical biases towards awarding mothers custody of children, the state's current approach to child custody encourages the ongoing and meaningful involvement of both parents in the child's life after divorce. To this end, fathers in Kentucky are likely to receive 50% parenting time in a divorce, significantly higher than the national average of 35%.

There are two main types of child custody in Kentucky:

• Legal Custody: This refers to the authority to make significant decisions about the child's education, health care, religion, and general welfare. Courts often award joint legal custody so both parents can participate in these decisions. However, a parent may be awarded sole legal custody of the child in some cases, giving them the exclusive right to make major decisions regarding the child's life.
• Physical Custody: This determines where the child lives and how much time they spend with each parent. Courts also favor joint physical custody, allowing for substantial time with both parents (though not necessarily a 50/50 split). Nonetheless, one parent may be designated the primary residential parent (sole physical custody), and the other has scheduled visitation rights.