Kentucky Revised Statutes

Ky. Rev. Stat. § 403.020 (2026)

Repealed, 1972

✓ current as of May 2026
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Catchline at repeal: Grounds for divorce -- Procedure in case of divorce on ground of insanity. History: Repealed 1972 Ky. Acts ch. 182, sec. 29. -- Amended 1962 Ky. Acts ch. 210, sec. 49. -- Amended 1956 Ky. Acts ch. 72, sec. 1. -- Amended 1950 Ky. Acts ch. 162, sec. 1. -- Amended 1946 Ky. Acts ch. 74, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2117.

Notes of Decisions
Cited in 72 cases (1 in the last 5 years), 1942–2024 · leading case: Reed v. Reed, 457 S.W.2d 4 (Ky. Ct. App. 1970).
Reed v. Reed, 457 S.W.2d 4 (Ky. Ct. App. 1970). · cites it 5× “KRS 403.020(2) (a). There was litigation over the property, alimony, and maintenance for the children, but on Jean's claim for their custody Clyde did not resist.”
Rowley v. Lampe, 331 S.W.2d 887 (Ky. Ct. App. 1960). · cites it 3× “ain a divorce, must allege and prove, in addition to a legal cause of divorce : “(1) A residence in this state for one year next before the commencement of the action; * * *; “(2) That the cause of divorce occurred or existed in this state, or, if out of this state, either that…”
Carter v. Carter, 382 S.W.2d 400 (Ky. Ct. App. 1964). · cites it 2× “The wife counterclaimed on similar grounds, KRS 403.020(3) (b), demanding a monetary settlement by way of alimony and property restoration.”
O'Nan v. Comm'r, 47 T.C. 648 (Tax Ct. 1967). · cites it 2× “It therefore becomes necessary to ascertain whether or not the transfers here involved were in consideration of Tillie's release of such rights or of her rights upon divorce to an equitable allowance from her husband's property. In this *156 connection it must first be kept in…”
York v. York, 280 S.W.2d 553 (Ky. Ct. App. 1955). · cites it 2× “2d 473 ; (3) An abandonment under KRS 403.020 may be had without leaving the house in which the two live if one of the parties refuses to recognize the marriage relation or to cohabit with the other.”
Lampkin v. Lampkin, 258 S.W.2d 720 (Ky. Ct. App. 1952). · cites it 3× “KRS 403.020(2) (a),. The petition stated that .”
Maher v. Maher, 174 S.W.2d 289 (Ky. Ct. App. 1943). “In April, 1941, appellee instituted suit against appellant for divorce, charging cruel and inhuman treatment, being ground (3) (b) of KRS 403.020. By amendment she added grounds set out in (3)(c) of the same section, such injury or attempt at injury as to put the wife in fear of…”
Scalf v. Scalf, 312 S.W.2d 467 (Ky. Ct. App. 1958). · cites it 2× “KRS 403.020(3) (c). We have misgivings whether his proof showed equal cruelty or probable danger to his safety, which is the cause he relied on.”
Hinton v. Hinton, 377 S.W.2d 888 (Ky. Ct. App. 1964). “See KRS 403.020(4) (c). The chancellor concluded that the charge was sustained by the evidence.”
Gann v. Gann, 347 S.W.2d 540 (Ky. Ct. App. 1961). “KRS 403.020(3) (b). The parties were married on April 5, 1958, and went from Brownsville to Bowling Green to live.”
Ingram v. Ingram, 385 S.W.2d 69 (Ky. Ct. App. 1964). · cites it 3× “The action was brought by the wife on the grounds of cruel and inhuman treatment and physical abuse, KRS 403.020(3) (b) and (c). The husband counterclaimed for a divorce on the grounds of adultery or lewd and lascivious conduct and cruel and inhuman treatment, KRS 403.”
Burke v. Burke, 416 S.W.2d 724 (Ky. Ct. App. 1967). “Addie and William came to a parting of the ways in 1963, whereupon she sued for and was granted a divorce on the ground of cruel and inhuman treatment, KRS 403.020(3) (b). William’s counterclaim for a divorce on similar grounds was denied.”
— Ky. Rev. Stat. § 403.020(1) — 5 cases
Gentry v. Gentry, 318 S.W.2d 870 (Ky. Ct. App. 1958).
Barnett v. Barnett, 167 S.W.2d 845 (Ky. Ct. App. 1943).
Thomas v. Thomas, 379 S.W.2d 743 (Ky. Ct. App. 1964).
Ollish v. Ollish, 382 S.W.2d 876 (Ky. Ct. App. 1964).
Taylor v. Taylor, 400 S.W.2d 677 (Ky. Ct. App. 1966).
— Ky. Rev. Stat. § 403.020(2) — 5 cases
Reed v. Reed, 457 S.W.2d 4 (Ky. Ct. App. 1970). “KRS 403.020(2) (a). There was litigation over the property, alimony, and maintenance for the children, but on Jean's claim for their custody Clyde did not resist.”
Rowley v. Lampe, 331 S.W.2d 887 (Ky. Ct. App. 1960). “ain a divorce, must allege and prove, in addition to a legal cause of divorce : “(1) A residence in this state for one year next before the commencement of the action; * * *; “(2) That the cause of divorce occurred or existed in this state, or, if out of this state, either that…”
Lampkin v. Lampkin, 258 S.W.2d 720 (Ky. Ct. App. 1952). “KRS 403.020(2) (a),. The petition stated that .”
Gordon v. Gordon, 335 S.W.2d 561 (Ky. Ct. App. 1960).
Dunning v. Dunning, 325 S.W.2d 315 (Ky. Ct. App. 1959).
— Ky. Rev. Stat. § 403.020(3) — 17 cases
Reed v. Reed, 457 S.W.2d 4 (Ky. Ct. App. 1970). “KRS 403.020(2) (a). There was litigation over the property, alimony, and maintenance for the children, but on Jean's claim for their custody Clyde did not resist.”
Carter v. Carter, 382 S.W.2d 400 (Ky. Ct. App. 1964). “The wife counterclaimed on similar grounds, KRS 403.020(3) (b), demanding a monetary settlement by way of alimony and property restoration.”
Gann v. Gann, 347 S.W.2d 540 (Ky. Ct. App. 1961). “KRS 403.020(3) (b). The parties were married on April 5, 1958, and went from Brownsville to Bowling Green to live.”
Burke v. Burke, 416 S.W.2d 724 (Ky. Ct. App. 1967). “Addie and William came to a parting of the ways in 1963, whereupon she sued for and was granted a divorce on the ground of cruel and inhuman treatment, KRS 403.020(3) (b). William’s counterclaim for a divorce on similar grounds was denied.”
Scalf v. Scalf, 312 S.W.2d 467 (Ky. Ct. App. 1958). “KRS 403.020(3) (c). We have misgivings whether his proof showed equal cruelty or probable danger to his safety, which is the cause he relied on.”
— Ky. Rev. Stat. § 403.020(4) — 21 cases
Reed v. Reed, 457 S.W.2d 4 (Ky. Ct. App. 1970). “KRS 403.020(2) (a). There was litigation over the property, alimony, and maintenance for the children, but on Jean's claim for their custody Clyde did not resist.”
Lampkin v. Lampkin, 258 S.W.2d 720 (Ky. Ct. App. 1952). “KRS 403.020(2) (a),. The petition stated that .”
Hinton v. Hinton, 377 S.W.2d 888 (Ky. Ct. App. 1964). “See KRS 403.020(4) (c). The chancellor concluded that the charge was sustained by the evidence.”
Carter v. Carter, 382 S.W.2d 400 (Ky. Ct. App. 1964). “The wife counterclaimed on similar grounds, KRS 403.020(3) (b), demanding a monetary settlement by way of alimony and property restoration.”
Ingram v. Ingram, 385 S.W.2d 69 (Ky. Ct. App. 1964). “The action was brought by the wife on the grounds of cruel and inhuman treatment and physical abuse, KRS 403.020(3) (b) and (c). The husband counterclaimed for a divorce on the grounds of adultery or lewd and lascivious conduct and cruel and inhuman treatment, KRS 403.”
— Ky. Rev. Stat. § 403.020(4)(c) — 1 case
— Ky. Rev. Stat. § 403.020(5) — 1 case
Tipton v. Tipton, 217 S.W.2d 799 (Ky. Ct. App. 1949).
— Ky. Rev. Stat. § 403.020(b) — 1 case
York v. York, 280 S.W.2d 553 (Ky. Ct. App. 1955). “2d 473 ; (3) An abandonment under KRS 403.020 may be had without leaving the house in which the two live if one of the parties refuses to recognize the marriage relation or to cohabit with the other.”
— Ky. Rev. Stat. § 403.020(d) — 1 case
Trout v. Trout, 177 S.W.2d 864 (Ky. Ct. App. 1944).
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