Kentucky Divorce Records

The chances are high that an individual knows another person who has divorced in Kentucky. The Commonwealth ranks among the states with high divorce rates in the United States. As of 2020, the state's divorce rate stood at 3.0 per 1,000 residents, which was significantly higher than the national average of 2.4 per 1,000 people. Although the rate was still high in 2022, divorces have relatively been on a downward trend in Kentucky since 2006.

Divorce is a common term used for marriage dissolution, which means an end to a marriage through the legal procedure. To register a divorce case in Kentucky, one of the spouses must file a petition for dissolution of marriage with the Court Clerk in the county where at least one of the parties resides. The Commonwealth is a state whose grounds for divorce are no-fault. This means neither party is needed to prove that the other person is at fault, as some states require.

In Kentucky, a marriage may be dissolved through either an uncontested or contested divorce. If the divorce process is uncontested, it means both parties agree to dissolve the marriage and have reached a consensus on critical issues without involving a third party. In contrast, a contested divorce is one in which both spouses cannot agree on important matters regarding their divorce. Such a divorce may become contentious and complex as the court will have to intervene to make the final decisions. Records generated from divorce cases in Kentucky are public records unless they are sealed. Under state law, like every other public record, members of the public may inspect and obtain copies of Kentucky divorce records.

What are Divorce Records?

Kentucky divorce records are documents or files providing an account of marriage dissolutions finalized within the Commonwealth. They typically include decrees, certificates, and records of files and documents gathered during divorce proceedings where the parties agree on issues. Kentucky divorce records can form a valuable part of family tree research. In addition, they establish the terms of a divorce and may be used to enforce decisions about child support, asset division, and debt divisions. Furthermore, a divorcee who intends to remarry in Kentucky needs a divorce record as proof of divorce while applying for a marriage license.

Divorce records created in Kentucky from June 1958 to date are stored by the Office of Vital Statistics, a division of the Commonwealth's Cabinet for Health and Family Services (CHFS). The Circuit Court Clerks in the county where divorce decrees were granted also have on file divorce records generated in the Commonwealth before June 1958.

A typical Kentucky divorce record will contain information such as identifying information of the divorced spouses (names, date of birth dates, and addresses), case file number, judge's order, and debt/asset division information (if applicable). It should also spell out the date the divorced spouses got married, the date they separated, and the date the court finalized the divorce.

Are Divorce Records Public in Kentucky?

Yes. Unless sealed for some reason, Kentucky divorce records are public documents, and they are available to individuals who may wish to inspect them or obtain copies. The state's Open Records Act establishes a right of access to public records maintained by local and government agencies, including divorce records. However, the information in a Kentucky divorce record that is available publicly is mostly restricted to the facts of the proceedings. This typically includes details of which spouse filed the divorce petition and where, why, and when it was filed. Details like names of other family members involved in the case (especially children), bank accounts, social security numbers, and both spouses' employers are generally not included in public divorce documents.

Kentucky divorce records are mostly available to the public in the form of divorce certificates and divorce decrees. Although a divorce certificate is proof of divorce, it contains limited information and is largely used for record-keeping purposes. A divorce decree is a more detailed divorce record. Any interested member of the public with the necessary information to search for a divorce record may find such a record at the Kentucky Office of Vital Statistics or Circuit Court, depending on what year the record was created.

Divorce Stats and Rates in Kentucky

Kentucky's demographic has one of the highest divorce rates in the United States. According to reports, in 2022, at least 19.52% of women per 1,000 married women divorced in the Commonwealth, and 12.6% of the entire state's population was divorced. These made Kentucky rank in the top five states for divorce rates nationally. Even though the state's divorce rate was high and above the national average in 2022, it significantly improved over the previous year (2021), with a divorce rate of 3.3 per 1,000 residents. The divorce rate in Kentucky in 2022 (3.0 per 1,000 people) is almost half the state's marriage rate (6.2 per 1,000 residents) for that year.

By racial group, about 15.9% of the Indiana community in Kentucky is divorced, making it the race with the highest number of divorced demographics in the Commonwealth. This is followed by the Black race, whose divorced population accounts for 13.7% of their community. At least 13.4% of the White (non-Hispanic) population is divorced, while 13.3% of the White (Hispanic) demographic has had their marriages legally dissolved. At only 5.4%, Asians have the lowest number of divorced population in Kentucky.

Grounds for Divorce in Kentucky

Kentucky is a "no-fault" divorce state, meaning that no party in a marriage has to be at fault or have done something wrong before the other spouse can file for a divorce. The only required grounds for marriage dissolution in the Commonwealth is for at least one party to believe that the marital union is irretrievably broken without the hope of reconciliation or getting back together. However, while the court cannot consider why a marriage is irretrievably broken in its determination, it must make a finding that the union is indeed irretrievably broken before granting a divorce in the Commonwealth.

Typically, in Kentucky, a judge will grant a divorce if one spouse claims the marriage is irretrievably broken and the other party does not refute the claim or if both parties confirm that the marriage is irretrievably broken. Per Section 403.170 of Kentucky Revised Statutes, the judge may consider a couple of things if either party denies their marriage is irretrievably broken. First, they may consider the possibility of reconciling both spouses, which is a shot at fixing the marriage and making the couple get back together. The judge may also consider the circumstances that led the petitioner to file for divorce. Afterward, a decision will be made whether the marriage is truly irretrievably broken and should be dissolved.

Despite not requiring any party to prove fault in a divorce petition, the court will only grant a divorce in Kentucky if both spouses have lived apart for at least 60 days. Per Section 403.170(1) of the Commonwealth Revised Statutes, living apart may include not sexually cohabiting even while living under the same roof.

How to File for Divorce in Kentucky

In Kentucky, a divorce petition should be filed with the County Clerk in the county where the filing party or their spouse resides. Per Section 403.140 of the Commonwealth's Revised Statutes, at least one of the spouses must have lived in Kentucky for 180 days prior to filing a divorce petition. Typically, two types of divorce can be filed in the state. A person may file for an uncontested divorce, which means both parties have reached an agreement regarding all the issues involved in dissolving their marriage before filing the paperwork. The entire process is usually faster and costs less for both spouses. In a contested divorce, both parties could not agree on all the issues by the time one of them files for divorce.

Generally, in an uncontested divorce, the other spouse gets to file a response to the petition filed by the petitioner, telling the judge they agree. However, if the respondent does not agree (contested divorce), the petitioner can file a motion to have a series of court appearances. The following documents are required to file a petition for the dissolution of marriage in Kentucky:

A Certificate of Divorce or Annulment (VS-300) completed and generated online
An Entry of Appearance (for an uncontested divorce) or a Civil Summons (AOC-105) (for a contested divorce)
A Case Data Information Sheet (AOC-104)
If an uncontested divorce, a marital settlement agreement is signed by both parties that details all the issues regarding the divorce. These may include alimony, child custody and support, and property/debt division
Other types of forms that may be required or provided by the county where the divorce petition is being filed

After filing the paperwork with the Clerk of Court, the petitioner is expected to notify their spouse. The respondent may be served by anyone who is at least 18 years old and not a party to the case or through certified mail. Afterward, there will be a series of court appearances, and at the end of the case, the judge will finalize the divorce by entering a decree of dissolution.

Kentucky Divorce Decree

A Kentucky divorce decree is a document that shows a divorce has been finalized in the Commonwealth. The details in a divorce decree are vital for living and maintaining a certain quality of life for each party involved in a divorce, including the children they have together. A Kentucky divorce decree typically contains all the information regarding a divorce case and a judge's decision after a series of court appearances. Once issued by a judge, a divorce decree is binding and may be used to enforce the responsibilities of both spouses as outlined in the document in the future.

A typical Kentucky divorce decree will contain information such as property ownership/division, debt distribution, child support (including payments), spousal support, and parental decision-making rights. It will also state the legal consequences of non-support of a child (if applicable) as stipulated in the decree document. While a Kentucky divorce decree is a court's final judgment on a divorce case, Section 403.040 of the Commonwealth's Revised Statutes permits a divorced couple who intends to reconcile and get back together to annul the divorce decree.

Kentucky divorce decrees are generally in the custody of the Clerk of the Circuit Court in the county where the divorces were granted. Anyone who intends to obtain copies will have to contact the County Clerk to inquire about the procedure for retrieval, which may vary by county.

How to Find and Access Kentucky Divorce Records

Interested persons may access Kentucky divorce records either online or offline.

Online Access to Kentucky Divorce Records

Although the Commonwealth authorities do not have a central online repository for divorce records, the Office of Vital Statistics partners the services of some third-party websites through which people may obtain divorce records. Anyone interested in using such services may inquire about them by contacting the Office of Vital Statistics at (502) 564-4212. Alternatively, the KYeCourts system maintained by the Kentucky Administrative Office of the Courts allows members of the public to access information about legal cases filed with the Commonwealth court system, including divorce matters. However, information retrieved from the KYeCourts system may not be accurate or complete and cannot be used for official purposes.

Offline Access to Kentucky Divorce Records

Kentucky divorce records may be obtained in person or by mail from the state's Office of Vital Statistics or the County Circuit Clerk in the county where the divorce was finalized, depending on the record type. Central registration of divorces did not begin in Kentucky until June 1958. Hence, the Office of Vital Statistics has no records of divorces that occurred before this period. Such divorce records (divorce decrees and certificates) may only be obtained from the Office of the County Circuit Clerk in the county where the divorces were granted. Interested persons should contact the appropriate Office of County Clerk to inquire about their preference regarding how to obtain divorce records created before June 1958. Typically, requesters would be advised to either submit their requests in person or by mail.

Kentucky divorce records (divorce certificates) created from June 1958 to date may be obtained from the Commonwealth Office of Vital Statistics (OVS). Interested persons must complete a VS-230 Form (Application for a Certified Copy of Marriage/Divorce Certificate Form) and either submit it in person or by mail to the OVS at:

Office of Vital Statistics

275 E. Main St. 1E-A

Frankfort, KY 40621

Requesters must include checks or money orders ($6 per certificate) payable to the Kentucky State Treasurer and envelopes containing their return address in their submissions. Mail and in-person requests at the OVS are typically processed and filled within seven business days. However, the process may sometimes take up to 30 business days.

References

Counties in Kentucky

List of Content

What are Divorce Records?
Are Divorce Records Public in Kentucky?
Divorce Stats and Rates in Kentucky
Grounds for Divorce in Kentucky
How to File for Divorce in Kentucky
1. Kentucky Divorce Decree
How to Find and Access Kentucky Divorce Records
1. Online Access to Kentucky Divorce Records
2. Offline Access to Kentucky Divorce Records