Ky. Rev. Stat. » Chapter 403
Kentucky Revised Statutes

Ky. Rev. Stat. § 403.140 (2026)

Marriage -- Court may enter decree of dissolution or separation

✓ current as of May 2026
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(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 military presence has been maintained for 180 days next preceding the filing of the petition; (b) The court finds that the conciliation provisions of KRS 403.170 either do not apply or have been met; (c) The court finds that the marriage is irretrievably broken; and (d) To the extent it has jurisdiction to do so, the court has considered, approved or made provision for child custody, the support of any child of the marriage entitled to support, the maintenance of either spouse, and the disposition of property. (2) If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects, in which latter event the other provisions of this chapter shall apply. History: Created 1972 Ky. Acts ch. 182, sec. 4.

Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1973–2024 · leading case: Jeffrey v. Jeffrey, 153 S.W.3d 849 (Ky. Ct. App. 2004).
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Jeffrey v. Jeffrey, 153 S.W.3d 849 (Ky. Ct. App. 2004). · cites it 6× “Finally, on April 28, 2003, the Circuit Court of Cabell County, West Virginia, reversed the order of the family court on the grounds that it had misapplied KRS 403.140 and the divisible divorce doctrine in its ruling.”
Clements v. Harris, 89 S.W.3d 403 (Ky. 2002). · cites it 4× “[11] KRS 403.140(1)(a). [12] While Kentucky adopted verbatim many provisions of the 1970 Uniform Marriage and Divorce Act, Kentucky made substantial changes to the provisions relating to particular-case jurisdiction.”
Kenneth Kirilenko v. Cherryl Kirilenko, 505 S.W.3d 766 (Ky. 2016). · cites it 2× “Of course, the Kentucky Circuit Court only has jurisdiction if at least one party has resided in Kentucky for at least 180 days immediately prior to filing the dissolution petition, or as otherwise permitted under KRS 403.140. In fact, “[t]he consistent practice in modern…”
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008). · cites it 2× “120, and KRS 403.140. KRS 403.041 and KRS 403.042 also grant the power to annul divorces and legal separations.”
McGowan v. McGowan, 663 S.W.2d 219 (Ky. Ct. App. 1983). · cites it 2× “Appellant also argues that the court lacked jurisdiction because neither party had resided in Kentucky for 180 days prior to the filing of the petition for dissolution as required by KRS 403.140(1)(a). Ordinarily, as appellant points out, actual residence in the state for the…”
Stallings v. Stallings, 606 S.W.2d 163 (Ky. 1980). · cites it 2× “Gay and Bob were married on August 20, 1962. They separated on January 1, 1976.”
In Re Air Crash Disaster at Gander, Newfoundland, 660 F. Supp. 1202 (W.D. Ky. 1987). · cites it 2× “§ 403.140, may vote in Kentucky, and send their children to Kentucky’s public schools.”
Chalupa v. Chalupa, 830 S.W.2d 391 (Ky. Ct. App. 1992). · cites it 2× “Joint custody is also a natural progression of our no fault divorce concept (KRS 403.140(c)), recognizing that both parties may be fit parents but not compatible to be married to each other.”
Pursley v. Pursley, 144 S.W.3d 820 (Ky. 2004). “KRS 403.140(l)(a). 2 . But see Clements v.”
Putnam v. Fanning, 495 S.W.2d 175 (Ky. Ct. App. 1973). · cites it 4× “We have heretofore denied temporary relief sought by the petitioner to prevent the entry of a decree of dissolution (KRS 403.140) in a divorce case before determination of the other important issues, including maintenance (KRS 403.”
Karahalios v. Karahalios, 848 S.W.2d 457 (Ky. Ct. App. 1993). · cites it 2× “KRS 403.140(l)(a) requires that at least one party to a dissolution of marriage action must have been residing in Kentucky for 180 days before filing a petition for divorce.”
Spencer v. Spencer, 191 S.W.3d 14 (Ky. Ct. App. 2006). “KRS 403.140. 7 . Louise E. Graham and Hon.”
Show all 25 citing cases →
— Ky. Rev. Stat. § 403.140(1) — 1 case
Smith v. Smith, 497 S.W.2d 418 (Ky. Ct. App. 1973).
— Ky. Rev. Stat. § 403.140(1)(a) — 5 cases
Clements v. Harris, 89 S.W.3d 403 (Ky. 2002). “[11] KRS 403.140(1)(a). [12] While Kentucky adopted verbatim many provisions of the 1970 Uniform Marriage and Divorce Act, Kentucky made substantial changes to the provisions relating to particular-case jurisdiction.”
McGowan v. McGowan, 663 S.W.2d 219 (Ky. Ct. App. 1983). “Appellant also argues that the court lacked jurisdiction because neither party had resided in Kentucky for 180 days prior to the filing of the petition for dissolution as required by KRS 403.140(1)(a). Ordinarily, as appellant points out, actual residence in the state for the…”
Shepherd v. Mann, 490 S.W.2d 760 (Ky. Ct. App. 1973).
Miralem Bekric v. Allison Bekric (Ky. Ct. App. 2022).
Thomas Jackson v. Meiry Edilla Ferreira De Araujo (Ky. Ct. App. 2020).
— Ky. Rev. Stat. § 403.140(1)(d) — 1 case
Putnam v. Fanning, 495 S.W.2d 175 (Ky. Ct. App. 1973). “We have heretofore denied temporary relief sought by the petitioner to prevent the entry of a decree of dissolution (KRS 403.140) in a divorce case before determination of the other important issues, including maintenance (KRS 403.”
— Ky. Rev. Stat. § 403.140(2) — 4 cases
Stallings v. Stallings, 606 S.W.2d 163 (Ky. 1980). “Gay and Bob were married on August 20, 1962. They separated on January 1, 1976.”
Smith v. Smith, 497 S.W.2d 418 (Ky. Ct. App. 1973).
Roberta Ann Phelps v. Michael Phelps (Ky. Ct. App. 2021).
Marcia Ann Dall v. Roger Wayne Dall (Ky. Ct. App. 2024).
— Ky. Rev. Stat. § 403.140(a) — 1 case
In Re Air Crash Disaster at Gander, Newfoundland, 660 F. Supp. 1202 (W.D. Ky. 1987). “§ 403.140, may vote in Kentucky, and send their children to Kentucky’s public schools.”
— Ky. Rev. Stat. § 403.140(c) — 1 case
Chalupa v. Chalupa, 830 S.W.2d 391 (Ky. Ct. App. 1992). “Joint custody is also a natural progression of our no fault divorce concept (KRS 403.140(c)), recognizing that both parties may be fit parents but not compatible to be married to each other.”
— Ky. Rev. Stat. § 403.140(l)(a) — 5 cases
Clements v. Harris, 89 S.W.3d 403 (Ky. 2002). “[11] KRS 403.140(1)(a). [12] While Kentucky adopted verbatim many provisions of the 1970 Uniform Marriage and Divorce Act, Kentucky made substantial changes to the provisions relating to particular-case jurisdiction.”
Jeffrey v. Jeffrey, 153 S.W.3d 849 (Ky. Ct. App. 2004). “Finally, on April 28, 2003, the Circuit Court of Cabell County, West Virginia, reversed the order of the family court on the grounds that it had misapplied KRS 403.140 and the divisible divorce doctrine in its ruling.”
Pursley v. Pursley, 144 S.W.3d 820 (Ky. 2004). “KRS 403.140(l)(a). 2 . But see Clements v.”
Karahalios v. Karahalios, 848 S.W.2d 457 (Ky. Ct. App. 1993). “KRS 403.140(l)(a) requires that at least one party to a dissolution of marriage action must have been residing in Kentucky for 180 days before filing a petition for divorce.”
McGowan v. McGowan, 663 S.W.2d 219 (Ky. Ct. App. 1983). “Appellant also argues that the court lacked jurisdiction because neither party had resided in Kentucky for 180 days prior to the filing of the petition for dissolution as required by KRS 403.140(1)(a). Ordinarily, as appellant points out, actual residence in the state for the…”
— Ky. Rev. Stat. § 403.140(l)(c) — 1 case
Laffosse v. Laffosse, 564 S.W.2d 220 (Ky. Ct. App. 1978).
— Ky. Rev. Stat. § 403.140(l)(d) — 1 case
Hall v. Hall, 585 S.W.2d 384 (Ky. 1979).
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