Title XXXV, Domestic Relations

A jury shall not be impaneled in any action for divorce, alimony or maintenance, but courts having general jurisdiction may grant a divorce for the cause set out in this chapter. A decree of dissolution of marriage authorizes either party to marry again.

(1) The statements of a petition for dissolution of marriage concerning the residence of the parties and irretrievable breakdown of the marriage shall not be taken as true because of the respondent's failure to deny the statements, and the facts as to residence of the parties mus…

The judge of any Circuit Court may appoint an advisory committee to counsel with litigants in divorce actions. The committee shall serve without salary or expenses. The court may request the parties involved in these proceedings to appear before the said committee at a designated…

In any court proceeding conducted pursuant to KRS 403.010 to 403.350, if there is a finding of domestic violence and abuse, as defined in KRS 403.720, the court shall not order mediation unless requested by the victim of the alleged domestic violence and abuse, and the court find…

The court rendering a judgment for divorce may, at any time, annul it on the joint application of the parties, and restore the parties to the condition of husband and wife. The annulment voids the divorce decree and any separation agreement.

A judgment of divorce from the bond of matrimony may be annulled by the court which rendered it, upon a petition verified by the parties in person so requesting.

A judgment of divorce from bed and board may be annulled by the court which rendered it, at the instance of either party showing just cause therefor in an equitable action.

In divorce actions in which there are minor children who are the issue of the marriage no testimony other than on temporary motions shall be taken or heard before sixty (60) days have elapsed from the date of service of summons, the appointment of a warning order attorney or the …

Divorce from bed and board may be rendered for any cause that allows divorce, or for any other cause that the court in its discretion considers sufficient. A divorce from bed and board shall operate as to property thereafter acquired, and upon the personal rights and legal capaci…

withholding collections -- Compensation. (1) The fiscal court of any county may, by resolution, authorize the appointment of a "friend of the court." If the Circuit Court of the county has but one (1) judge, the appointment shall be made by the judge. If the court has two (2) or …

Chapter 507, 508, 509, or 510 offense committed by respondent. In any court proceeding conducted pursuant to KRS 403.010 to 403.350, if the respondent is incarcerated for a conviction pursuant to KRS Chapter 507, 508, 509, or 510, where the petitioner is the victim, the guardian …

This chapter shall be liberally construed and applied to promote its underlying purposes, which are to: (1) Strengthen and preserve the integrity of marriage and safeguard family relationships; (2) Promote the amicable settlement of disputes that have arisen between parties to a …

(1) The Circuit Court shall enter its decree declaring the invalidity of a marriage entered into under the following circumstances: (a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or deformity or …

(1) The Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter. (2) A proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be entitled "In re the Marriage of .... and .…

(1) If another section of this chapter or KRS 407.5311 or 407.5602 requires the provision of a personal identifier in a pleading, document, or exhibit filed with the court, the party making the filing shall provide the personal identifier in accordance with the Kentucky Rules of …

(1) When a release of medical records, including mental health records of either party to a divorce or custody proceeding under this chapter, is tendered pursuant to the Family Court Rules of Practice and Procedure (FCRPP), those records shall be delivered pursuant to the FCRPP g…

(1) The Circuit Court shall enter a decree of dissolution of marriage if: (a) The court finds that one (1) of the parties, at the time the action was commenced, resided in this state, or was stationed in this state while a member of the armed services, and that the residence or m…

defenses. (1) All proceedings under this chapter are commenced in the manner provided by the Rules of Civil Procedure. (2) The verified petition in a proceeding for dissolution of marriage or legal separation shall allege the marriage is irretrievably broken and shall set forth: …

of information on domestic violence or child abuse. (1) In a proceeding for dissolution of marriage or for legal separation, or in a proceeding for disposition of property or for maintenance or support following dissolution of the marriage by a court which lacked personal jurisdi…

(1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretri…

(1) To promote amicable settlement of disputes between parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for maintenance of either of them, disposition of any…

(1) In a proceeding for dissolution of the marriage or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property…

(1) In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it find…

The General Assembly recognizes that under the federal "Family Support Act of 1988," P.L. 100-485, the Commonwealth of Kentucky is required to implement child support guidelines.

award -- Allocation of child-care costs and health care expenses -- Order for payment of health care coverage -- Noncustodial parent's health plan -- Attachment of income -- Credit for disability payments. (1) An action to establish or enforce child support may be initiated by th…

support obligation worksheet, manual with examples on Attorney General's website -- Terms to be applied in calculations -- Table. (1) The following provisions and child support table shall be the child support guidelines established for the Commonwealth of Kentucky. (2) The Offic…

(1) (a) As used in this section, "day" means more than twelve (12) consecutive hours in a twenty-four (24) hour period under the care, control, or direct supervision of one (1) parent or caretaker, or as the court determines based on findings of substantially equivalent care or e…

Effects of emancipation and death of obligated parent -- Commission to review guidelines. (1) The Kentucky child support guidelines may be used by the parent, custodian, or agency substantially contributing to the support of the child as the basis for periodic updates of child su…

After July 15, 1990, any new or modified order or decree which contains provisions for the support of a minor child or minor children, shall provide for a wage assignment which shall begin immediately except for good cause shown, and which shall be paid based upon the payment sch…

The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for attorney's fees, including sums for legal servi…

Restoration of former name. (1) No earlier than one year after entry of a decree of legal separation, the court on motion of either party shall convert the decree to a decree of dissolution of marriage. (2) Upon request by a wife whose marriage is dissolved or declared invalid, t…

-- Attorney's fees. (1) If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation is not suspended; but he may move the court to grant an appropri…

disposition. (1) Except as otherwise provided in subsection (6) of KRS 403.180, the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable. The provisions as to…

Rebuttable presumption that joint custody and equally shared parenting time is in child's best interests -- De facto custodian. (1) (a) As used in this chapter and KRS 405.020, unless the context requires otherwise, "de facto custodian" means a person who has been shown by clear …

(1) A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit as provided in KRS 403.350. The court may award temporary custody under the standards of KRS 403.270 after a hearing, or, if there is no objection, solely on t…

personnel. (Effective until January 1, 2027) (1) The court may interview the child in chambers to ascertain the child's wishes as to his custodian and as to visitation. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to…

receive copy. (1) In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by the …

(1) Custody proceedings shall receive priority in being set for hearing. (2) The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court deems necessary to determine the best interests of the child. …

in cases involving domestic violence and abuse. (1) When determining or modifying a custody order pursuant to KRS 403.270, 403.280, 403.340, or 403.740, the court shall consider the safety and well-being of the parties and of the children. If a domestic violence order is being or…

In any proceeding for child custody under this chapter where the court has made a finding that a party has committed domestic violence and abuse as defined in KRS 403.720 against another party to the proceeding or a child of the parties: (1) The court shall not remove custody fro…

termination of parental rights of others. (1) A parent not granted custody of the child and not awarded shared parenting time under the presumption specified in KRS 403.270(2), 403.280(2), or 403.340(5) is entitled to reasonable visitation rights unless the court finds, after a h…

felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation. (1) The Commonwealth recognizes that certain victims of sexual assault may conceive a child as a result of the sexual assault and may choose to bear and raise the child. The Commonwea…

-- Hearing required. (1) Notwithstanding the provisions of KRS 403.320, if a parent of a child is convicted of murder or manslaughter in the first degree of the other parent, a court shall not grant the convicted parent visitation rights with respect to that child unless the cour…

(1) Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child's upbringing, including his education, health care, and religious training, unless the court after hearing, finds, upon motion by the noncustodial par…

(1) As used in this section, "custody" means sole or joint custody, whether ordered by a court or agreed to by the parties. (2) No motion to modify a custody decree shall be made earlier than two (2) years after its date, unless the court permits it to be made on the basis of aff…

modification of custody decree. A party seeking a temporary custody order or modification of a custody decree shall submit together with his moving papers an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy o…

responsibilities regarding care and custody of a child. (1) A parent or legal guardian of a child, by a properly executed power of attorney, as established in this section and KRS 403.353, may temporarily delegate to another person, named in the instrument as the attorney-in-fact…

KRS Chapter 403A. (1) A power of attorney established pursuant to this section, KRS 403.352, and KRS Chapter 403A shall be substantially in the following form, and may include other specific directions which are in accordance with accepted legal practice and not specifically proh…

these locations. (1) As used in this section, "safe child drop-off location" means any public building owned, leased, or occupied by the Commonwealth, or by any city or county within the Commonwealth, to which access is limited and security measures, including metal detectors, ar…

As used in KRS 403.640 to 403.670: (1) "Collaborative law communication" means a statement, whether verbal or nonverbal, that: (a) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and (b) Occurs after the parties sign a collaborative law par…