Divorce rates in Kentucky have seen a dramatic decline since the state implemented a groundbreaking law that makes 50-50 shared custody the default arrangement in family courts.
The law, first introduced in 2018, was hailed as a landmark victory for fathers’ rights advocates, who long argued that family courts unfairly favored mothers in custody disputes. By establishing equal custody as the starting point, the legislation sought to give both parents an even chance to remain actively involved in their children’s lives after divorce.
State data shows that Kentucky’s divorce filings dropped significantly following the law’s passage, with some counties reporting declines of more than 10%. Supporters say the law not only benefits fathers but also encourages couples to work through differences rather than rush to divorce.
“Children need both parents, and this law recognizes that reality,” said Matt Hale, a fathers’ rights advocate who campaigned for the legislation. “It discourages custody battles and makes divorce less appealing when people realize they can’t just push one parent out.”
However, critics argue that the policy comes with risks, particularly for mothers and children in situations involving domestic abuse. Women’s rights groups and some family law experts, including experienced divorce lawyers in Kentucky, say the blanket 50-50 standard can endanger victims by forcing them to co-parent with abusive ex-partners.
“Shared custody sounds fair in theory, but in practice, it can expose women and children to harm,” said attorney Lisa L. Johnson, a divorce lawyer in Lexington, Kentucky, who represents domestic violence survivors. “Judges need flexibility to consider safety, not just statistics.”
Kentucky’s experiment has caught the attention of lawmakers across the United States, with several other states considering similar legislation. Advocates say the model could reduce legal conflicts, while opponents warn it risks overlooking the complexities of family dynamics.
As the debate continues, divorce lawyers in Kentucky report that while overall filings are down, custody battles have become more complex under the new system. Families remain at the center of a national conversation about balancing parental rights, child welfare, and the role of courts in shaping post-divorce life.