Kentucky Uncontested Divorce Faq Where should I begin my Divorce proceedings? KRS 452.470 states that the divorce venue lies in the county where either party resides. How do I serve my spouse with the divorce papers? Civil Rule 4.04 states that an individual located in Kentucky will be served by delivering a copy of the summons and the complaint to him personally. Normally, service is accomplished by delivering a copy of the summons and complaint to the local sheriff who serves the respondent. The sheriff must be given an idea of the respondent’s location. Respondents who reside outside of Kentucky may be served by certified mail, return receipt requested. In the event that you do not know the whereabouts of your spouse you may use a warning order attorney. Civil Rule 4.05 states that a warning order attorney may be used when an individual respondent has (1) been absent from the state for four months, (2) left the county of his or her usual residence to avoid summons, or (3) concealed himself or herself to avoid summons. A party served by warning order has been constructively served. The method of service determines the extent of the court’s jurisdiction. Personal service authorizes the court to divide property and to award maintenance and support, if appropriate. Constructive service on the respondent will permit only marriage dissolution. What are the acceptable grounds for divorce in Kentucky? Irretrievable breakdown is the sole ground for divorce in Kentucky. KRS 403.170 defines irretrievable breakdown as a determination that no reasonable prospect of reconciliation exists. As a result, if one marriage partner determines that he or she no longer wishes to remain in the marriage, the requirement of irretrievable breakdown has been met. The legislature has prohibited appeals from the portion of a divorce judgment that dissolves the marriage. In addition, extraordinary remedies such as mandamus or writs of prohibition may not be used to prevent a divorce. My spouse and I still reside in the same house. Can I still file for divorce? KRS 403.170 states that the parties must live apart for sixty days prior to the entry of the divorce decree. There is no requirement that this sixty day period must occur before you file the petition. For example, if the parties have separated for twenty days, the petition may be filed, but the decree cannot be entered until the sixty day period has passed. Living apart is defined under Kentucky statutes to include living in the same house, as long as the parties are not engaging in sexual intercourse. This implies that parties who do not live in the same household also must not have had sexual relations for sixty days. The provision was intended to aid families who cannot afford two homes pending dissolution. The statutes does not state whether the sixty day living apart period requires sixty continuous days, The statute should be interpreted to require sixty continuous days living apart. The waiting period was deigned to permit the parties to contemplate the serious step of ending their marital relationship. Resumed relations during the sixty day period indicates that there is some ambivalence on the part of at least one of the parties.