• Kentucky only allows divorce if the marriage is "irretrievably broken."Kentucky state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
  
  Kentucky has some unique divorce laws. Prior to embarking upon divorce proceedings in Kentucky, couples should consider carefully whether their marriage is completely unsalvageable and the effect divorce may have on any children. In order to get divorced in Kentucky, spouses must demonstrate that they cannot remain together and may have to undergo counseling as well as a trial separation.
  
  

Separation as Prerequisite

• The Kentucky Divorce Source says that spouses must be separated for a period of at least 60 days prior to beginning divorce proceedings. The law considers a couple to be separated if they live in the same dwelling without sexual contact during the 60-day period. A divorce may not be finalized until one year after the separation period.
  
  

Residency Requirement

• To file for divorce in Kentucky, one or both spouses must be a resident of the state for at least 180 days prior to filing for divorce. Military personnel stationed in Kentucky are considered Kentucky residents for the purpose of this law. If neither spouse is a resident, the court cannot hear the case.
  
  

Grounds for Divorce

• Kentucky allows divorce only in cases where the marriage is "irretrievably broken," according to Divorce Support. One or both parties may make this claim. A judge then hears evidence and decides whether or not the marriage is unsalvageable. If it is, he grants a divorce. If the judge believes the marriage can be saved, she may order the couple to go through counseling for a certain amount of time rather than granting a divorce.
  
  

Restoration of Maiden Name

• When the judge grants a divorce, the woman may request that her maiden name be legally restored as long as there are no children involved in the divorce. A woman who has been married more than once may ask the court to restore her name to that of a former spouse. For example, if Mrs. Jones marries Mr. Smith following the death of Mr. Jones, she may have her name changed back to Jones after divorcing Smith.
  
  

Spousal Support

• Kentucky encourages parties to a divorce to work out their own arrangement with regard to spousal support. If the spouses cannot come to an agreement on their own, the court may order one spouse to pay spousal support to the other. Spousal support rulings are based on a number of factors, including the length of the marriage, each partner's income and whether one partner needs further education in order to gain employment. Divorce Support says that spousal support rulings can impact other rulings related to division of property.
  
  

Child Custody

• As with spousal support, the court prefers that parents work out their own arrangement regarding custody. If they cannot, the court determines custody arrangements in accordance with the child's best interests. The court may consider the parents' wishes, but these have less influence than the child's wishes and needs. The court considers the effect on children of possible relocation, evidence of domestic violence or other unhealthy living situations and the physical and mental health of both children and parents when making custody decisions.
  
  

Child Support

• Kentucky determines child support by figuring out how much support the child would receive if the marriage were intact and dividing it between the parents based upon each person's income. Under this arrangement, a custodial parent may pay child support to a non-custodial parent if the custodial parent's income is higher, according to Divorce Support.