To get a free divorce in Kentucky, you file a Motion for Waiver of Costs and Fees alongside your divorce petition, and if your household income falls at or below the poverty threshold on the Kentucky Supreme Court’s sliding scale, a judge can wipe out the entire filing cost under KRS 453.190.1Justia. Kentucky Code 453.190 – Poor Person The base circuit court filing fee is $150, and total costs usually run between $170 and $250 once technology, facility, and law library fees are added. A successful waiver eliminates all of it. What the waiver does not do is shorten Kentucky’s residency requirement, its 60-day separation rule, or the work of reaching agreement with your spouse, so keeping the case uncontested is the other half of keeping it free.
Who Qualifies for a Fee Waiver
Kentucky law defines a “poor person” for fee-waiver purposes two ways. The first is anyone whose income falls at or below 100 percent of the federal poverty level on the sliding scale adopted by the Kentucky Supreme Court. The second is anyone who cannot pay court fees without giving up necessities like food, housing, or clothing.1Justia. Kentucky Code 453.190 – Poor Person You do not have to be destitute. If paying $200 would mean missing rent, that is the argument.
The sliding scale works in steps. At or below 100 percent of the Federal Poverty Guidelines, you owe nothing. At 125 percent, you pay 25 percent of the normal fees. The scale keeps climbing until 200 percent, where you pay in full.2New York Codes, Rules and Regulations. Administrative Procedures of the Court of Justice – Part XV Sliding Scale of Indigency The 2026 federal poverty thresholds for a full waiver:
- One person: $15,960
- Two people: $21,640
- Three people: $27,320
- Four people: $33,0003HealthCare.gov. Federal Poverty Level (FPL)
Earn a bit more than that? A judge still has discretion under the second prong of the statute. The court weighs the whole picture: wages, government benefits, liquid assets, monthly rent, utilities, food, and outstanding debts.
The Three Forms You File Together
Every document is free to download from the Kentucky Court of Justice website, and the court’s Self-Help Portal offers guided interviews that walk you through the questions.
Start with the Petition for Dissolution of Marriage. Use form AOC-252A if you have no children under 18, or AOC-252 if you do.4Kentucky Court of Justice. AOC-252A – Petition for Dissolution of Marriage (Without Children Under 18) It asks for each spouse’s name and address, the marriage date, the separation date, and a statement that the marriage is irretrievably broken.
Add a Civil Case Cover Sheet, which the clerk uses for recordkeeping and to route the case.
The third form is the one that makes the divorce free: the Motion for Waiver of Costs and Fees and to Proceed in Forma Pauperis, form AOC-026.5Kentucky Court of Justice. Motion for Waiver of Costs and Fees and to Proceed in Forma Pauperis It contains a sworn affidavit and a financial statement covering every source of income, every monthly expense, outstanding debts, and any property you own such as vehicles or real estate. Be complete and honest. If the court finds you understated income or hid assets, the waiver gets denied and filing a false affidavit carries its own consequences.
Take all three to the circuit court clerk in your county. The clerk presents the AOC-026 to a judge. If the judge grants it, the case moves forward without payment. If the judge denies it, you have 30 days to pay the fees or the case is dismissed.
What the Waiver Actually Covers
The base filing fee for a civil case in Kentucky circuit court is $150. On top of that, every filer owes a $20 court technology fee plus court facility and law library fees set by local statute, which pushes most counties into the $170 to $250 range.6New York Codes, Rules and Regulations. Kentucky Rules of Civil Procedure Rule 3.02 – Circuit Civil Fees and Costs An approved AOC-026 removes all of that, and it also covers later court costs the case may generate, such as transcripts for an appeal.
One thing the order may or may not cover is sheriff service. Whether service of process fees fall inside the waiver depends on how the judge writes the order. If you want those costs included, ask for them explicitly in your motion rather than assuming they come along automatically.
Meeting Kentucky’s Residency and Separation Rules
A fee waiver does nothing for these requirements, and the court will not sign a decree without them.
Either you or your spouse must have lived in Kentucky for at least 180 days before you file. Military members stationed in the state satisfy this requirement even if their legal domicile is elsewhere.7Justia. Kentucky Code 403.140 – Marriage — Court May Enter Decree of Dissolution or Separation File in the circuit court of the county where at least one spouse lives.
Kentucky is a no-fault state. The only ground is that the marriage is “irretrievably broken,” meaning no realistic chance of reconciliation. You do not prove adultery, abuse, or wrongdoing.7Justia. Kentucky Code 403.140 – Marriage — Court May Enter Decree of Dissolution or Separation
You and your spouse must also have been living apart for at least 60 days before a judge enters the final decree. Living apart does not require separate addresses in Kentucky. You can share a roof so long as you are no longer in a sexual relationship. The 60 days must run regardless of how fast everything else moves.
Serving Your Spouse Without Spending Money
Once the clerk files your petition, your spouse must receive formal legal notice. The cheapest route, and the one that keeps the divorce genuinely free, is having your spouse sign an entry of appearance and waiver of service. That skips both the cost and the logistics of formal service and is common in uncontested cases.
If a waiver is not on the table, Kentucky recognizes two main methods. A county sheriff can hand-deliver the papers, generally $40 to $70 depending on the county.8Kentucky Court of Justice. Service Methods Or you can use certified mail with return receipt requested, but your spouse must personally sign for the delivery. If anyone else at the address signs, the service is invalid.
Keeping It Uncontested
A waived filing fee eliminates the upfront costs. It does not touch the expenses a contested divorce can generate: attorney help if your spouse hires counsel, mediation sessions, parenting evaluations, property appraisals. A truly free divorce is an uncontested one, where you and your spouse either agree on the terms or your spouse simply does not respond.
Before you file, try to work out the major issues: who keeps what property, how debts get split, and if children are involved, where they will live and how support will be calculated. The court requires provision for property division, spousal support, and child custody before entering a final decree.7Justia. Kentucky Code 403.140 – Marriage — Court May Enter Decree of Dissolution or Separation
One point worth understanding before you negotiate: Kentucky is an equitable distribution state. The court divides marital property in “just proportions” based on each spouse’s contribution to acquiring it (homemaking and childcare count), the length of the marriage, the value of any separate property each spouse keeps, and each spouse’s economic circumstances. Property owned before the marriage, gifts, inheritances, and anything excluded by a valid prenuptial or postnuptial agreement stays with the spouse who owns it.9Justia. Kentucky Code 403.190 – Disposition of Property Anything else acquired during the marriage is presumed marital, regardless of whose name is on the title. That catches people off guard with bank accounts and vehicles held in one name.
Free Legal Help if You Get Stuck
Kentucky operates four regional civil legal aid programs that provide free help to low-income residents, including family law matters:10Kentucky Court of Justice. Civil Legal Aid Programs
- Kentucky Legal Aid (Region 1): 800-782-1924
- Legal Aid Society (Region 2): 502-584-1254
- Legal Aid of the Bluegrass (Region 3): 859-431-8200
- AppalReD Legal Aid (Region 4): 866-277-5733
Each program has its own income eligibility rules and limited capacity, so not every applicant gets full representation. Offices that cannot take your case will often still offer a brief consultation or refer you elsewhere.
The Kentucky Court of Justice Self-Help Portal is the other free resource worth using. Its guided interviews help you fill out the correct forms for your situation, and every standard divorce form (the petition, the AOC-026 waiver motion, settlement agreement templates) is free to download from the court’s website. Between the self-help tools and the fee waiver, the system is built to let you handle an uncontested divorce without paying anything, as long as you are willing to do the legwork.