Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Kentucky Divorce Law
How long does divorce take in Kentucky? The fastest divorce in Kentucky takes a minimum of 60 days from the date of filing, due to the state's mandatory waiting period under KRS § 403.170. Uncontested divorces typically finalize within 8 to 12 weeks. Contested divorces involving child custody, property disputes, or spousal maintenance can take six months to over a year, depending on court schedules and the complexity of unresolved issues.
This guide provides a thorough breakdown of Kentucky's divorce timeline, the factors that affect divorce duration, filing fees, residency requirements, and everything you need to know to navigate the dissolution process in the Commonwealth.
Kentucky Is a No-Fault Divorce State
Before discussing timelines, it is important to understand how Kentucky approaches divorce. Kentucky is strictly a no-fault divorce state. The only recognized ground for dissolution of marriage is that the marriage is "irretrievably broken" with no reasonable prospect of reconciliation (KRS § 403.170). You do not need to prove adultery, cruelty, abandonment, or any other fault-based ground. This distinction matters for the divorce timeline because it eliminates the need to gather and present evidence of marital misconduct, which can significantly shorten proceedings.
If your spouse denies that the marriage is irretrievably broken, the court may delay proceedings for 30 to 60 days and order a conciliation conference to explore whether reconciliation is possible (KRS § 403.170(2)). Even so, if reconciliation fails, the court will typically grant the divorce over the objection of one spouse.
Residency Requirements Before You Can File
Before a Kentucky court can hear your divorce case, you must satisfy the state's residency requirement. Under KRS § 403.140(1)(a), at least one spouse must have resided in Kentucky, or been stationed in the state as a member of the armed services, for at least 180 days (approximately six months) immediately before the petition for dissolution is filed. The petition must be filed in the Circuit Court of the county where either spouse resides.
If you recently moved to Kentucky and have not yet met the 180-day residency requirement, you must wait before filing. However, once you have filed, you are not required to continue living in Kentucky for the duration of the case.
The 60-Day Mandatory Waiting Period
Kentucky law imposes a mandatory 60-day waiting period before any divorce can be finalized. This is one of the most critical factors in understanding how long does divorce take in Kentucky.
Under KRS § 403.170, no decree of dissolution shall be entered until the parties have lived apart for 60 days. "Living apart" includes living under the same roof without sexual cohabitation. Kentucky law does not allow courts to waive the 60-day waiting period, even if both spouses agree to the divorce and all terms are settled.
For couples with minor children, there is an additional procedural requirement under KRS § 403.044. No testimony other than on temporary motions shall be taken or heard until 60 days have elapsed from the date of service of summons, the appointment of a warning order attorney, or the filing of an entry of appearance or responsive pleading by the respondent, whichever occurs first.
This 60-day period serves as a "cooling-off" window, designed to ensure that the decision to divorce is deliberate. During this time, the court may issue temporary orders regarding child custody, support, and use of marital property, but the final decree cannot be entered.
Divorce Timeline: Uncontested vs. Contested
The total divorce duration in Kentucky varies significantly depending on whether your case is uncontested or contested.
Uncontested Divorce Timeline (60 Days to 3 Months)
An uncontested divorce occurs when both spouses agree on all major issues, including property division, child custody, child support, and spousal maintenance. This is the fastest divorce path available in Kentucky.
Typical steps and timeline for an uncontested divorce:
- Prepare and file the Petition for Dissolution of Marriage (AOC-252 forms) with the Circuit Court Clerk in your county.
- Serve your spouse or have them file a Waiver of Service and Entry of Appearance (AOC-252.1).
- Your spouse has 20 days to respond (30 days if out of state).
- Both parties complete required financial disclosures (AOC-238 Preliminary Verified Disclosure Statement, due within 45 days of service).
- If applicable, complete any required parenting education class.
- Wait for the 60-day mandatory period to expire.
- Submit the separation agreement, proposed decree, and deposition to the court.
- The judge reviews and signs the Decree of Dissolution of Marriage.
In many counties, an uncontested divorce can be finalized without a formal court hearing, entirely on the paperwork. Depending on the county and judge, the entire process typically takes 8 to 12 weeks from the date of filing.
Contested Divorce Timeline (6 Months to 18+ Months)
A contested divorce occurs when the spouses cannot agree on one or more material issues. Common contested matters include:
- Division of marital property and debts
- Child custody and parenting time schedules
- Child support calculations
- Spousal maintenance (alimony) amount and duration
- Allocation of marital debt
In a contested divorce, the case follows a more extended litigation timeline:
- Filing the petition and serving the respondent (Week 1 to 3).
- Response period, 20 days from service (Week 3 to 6).
- Discovery phase, where both parties exchange financial information, interrogatories, and depositions (Months 2 to 6).
- Temporary orders hearing, if needed (Month 1 to 2).
- Mediation or settlement conferences, which Kentucky courts often require before trial (Months 4 to 8).
- Trial, where the judge hears evidence and arguments (Months 6 to 12+).
- Final decree issued by the court after trial.
About 95% of divorce cases in Kentucky settle before reaching trial. However, if your case goes to trial, the judge will make final decisions on all contested issues, and you will have no control over the outcome.
Factors That Affect How Long Divorce Takes in Kentucky
Several factors directly influence the divorce timeline:
- Level of agreement between spouses: The more issues you and your spouse can resolve outside of court, the faster the process.
- Complexity of assets: Cases involving business interests, retirement accounts, real estate holdings, or separate property tracing claims require more time for valuation and division.
- Child custody disputes: High-conflict custody battles can add months to the timeline, especially if the court appoints a guardian ad litem or orders custody evaluations.
- Court schedules: Kentucky has 120 counties, and court caseloads and scheduling availability vary. Urban courts (such as Jefferson County and Fayette County) may have longer wait times for hearings.
- Incomplete financial disclosures: Failure to provide required financial documents promptly can result in continuances and delay the divorce.
- Spouse cannot be located: If your spouse cannot be found, the court must appoint a warning order attorney to attempt to effectuate service, which adds time.
- Pregnancy: Under KRS § 403.150, if the wife is pregnant at the time of filing, the court may continue the proceedings until after the child is born.
Filing Fees and Court Costs
Filing fees for a divorce in Kentucky vary by county. As of February 2025, expect to pay approximately $115 to $250 for the initial filing fee. Some sources report specific county fees in the range of $113 to $153, while others report fees up to $250 in certain jurisdictions.
Additional costs may include:
- Service of process fees (sheriff or certified mail)
- Domestic Relations Commissioner fees (up to $60/hour in some counties)
- Parenting education class fees
- Mediation costs
- Attorney fees (hourly rates in Kentucky typically range from $150 to $400 per hour)
If you cannot afford the filing fee, you may request an In Forma Pauperis fee waiver by filing a pauper's affidavit with the court demonstrating financial hardship.
As of February 2025. Verify current fees with your local Circuit Court Clerk.
You can find your county's Circuit Court information on the Kentucky Court of Justice website.
Property Division in Kentucky Divorce
Kentucky follows equitable distribution principles for dividing marital property, as governed by KRS § 403.190. This means the court divides marital property in a manner that is fair, but not necessarily equal.
The property division process follows three steps:
- The court classifies each asset as marital or non-marital property.
- Non-marital property is returned to its original owner.
- Marital property is divided equitably based on statutory factors.
Factors the court considers under KRS § 403.190 include:
- Contribution of each spouse to acquisition of the marital property, including contributions as a homemaker
- Value of the property set apart to each spouse
- Duration of the marriage
- Economic circumstances of each spouse when the division becomes effective
Non-marital property includes assets acquired before the marriage, property received by gift or inheritance during the marriage, and property excluded by a valid prenuptial or postnuptial agreement. All property acquired during the marriage is presumed to be marital property unless proven otherwise.
Spousal Maintenance (Alimony)
Spousal maintenance in Kentucky is governed by KRS § 403.200. Maintenance is not automatic. The court may award maintenance only if the requesting spouse both lacks sufficient property to provide for their reasonable needs and is unable to support themselves through appropriate employment.
Factors considered in determining maintenance amount and duration include:
- Financial resources of the spouse seeking maintenance
- Time necessary to acquire education or training for appropriate employment
- Standard of living established during the marriage
- Duration of the marriage
- Age and physical and emotional condition of the requesting spouse
- Ability of the paying spouse to meet their own needs while paying maintenance
Maintenance can be temporary, rehabilitative, or in rare cases, permanent. Property division occurs before maintenance is calculated, so the division of assets directly affects the maintenance award.
Child Custody and Support
Kentucky courts make custody decisions based on the "best interests of the child" standard under KRS § 403.270. Kentucky law presumes that joint custody and equally shared parenting time is in the best interest of the child, though this presumption can be rebutted with evidence.
Child support in Kentucky is calculated using the Income Shares Model under KRS § 403.212, which considers both parents' gross incomes, the number of children, and the allocation of parenting time. Healthcare expenses, childcare costs, and extraordinary educational expenses are also factored into the calculation.
If children are involved, many Kentucky counties require both parents to attend a parenting education class during the divorce process. Failure to complete this class in a timely manner can delay finalization of the divorce.
Step-by-Step Process for Filing Divorce in Kentucky
- Confirm you meet the 180-day residency requirement under KRS § 403.140.
- Prepare the Petition for Dissolution of Marriage. For uncontested divorces without minor children, use the AOC-252 form packet available free from the Kentucky Court of Justice website.
- File the petition with the Circuit Court Clerk in the county where you or your spouse resides. Pay the filing fee.
- Serve your spouse through sheriff, certified mail, or process server. Alternatively, your spouse may file a Waiver of Service (AOC-252.1).
- Your spouse has 20 days to file a response (30 days if out of state).
- Both parties exchange financial disclosures via the AOC-238 form within 45 days of service.
- If contested issues exist, participate in mediation, settlement conferences, or proceed to discovery.
- Wait for the mandatory 60-day period to expire.
- If all issues are resolved, submit the settlement agreement and proposed decree to the court.
- The judge reviews and enters the Decree of Dissolution of Marriage.
Alternative Dispute Resolution Options
Kentucky offers several alternatives to traditional courtroom litigation that can reduce the divorce timeline and cost:
- Mediation: A neutral third party facilitates negotiations between the spouses. Kentucky courts often require mediation before trial in contested cases.
- Collaborative divorce: Both parties and their attorneys commit to resolving all issues through negotiation without court intervention, governed by Kentucky's collaborative law provisions (KRS § 403.664).
- Settlement conferences: Judge-facilitated negotiation sessions that can help resolve disputes before trial.
How to Get the Fastest Divorce in Kentucky
To achieve the fastest divorce possible in Kentucky:
- Agree with your spouse on all issues before filing (property, custody, support).
- File an uncontested divorce using the AOC-252 packet.
- Have your spouse sign a Waiver of Service to avoid delays in service of process.
- Complete all financial disclosures promptly.
- Complete any required parenting classes immediately.
- Ensure you have already been living apart (or without sexual cohabitation) for at least 60 days before or shortly after filing.
The absolute minimum timeline for the fastest divorce in Kentucky is 60 days from the date of filing, assuming everything is agreed upon and all paperwork is submitted promptly.
Frequently Asked Questions
How long does a divorce take in Kentucky if both parties agree?
If both spouses agree on all issues (property division, custody, support, and maintenance), an uncontested divorce in Kentucky typically takes 60 to 90 days from filing to finalization. The mandatory 60-day waiting period under KRS § 403.170 is the primary factor setting the minimum timeline. Once the 60 days have elapsed and all paperwork is in order, the court can enter the final decree, often without requiring an in-person hearing.
What is the mandatory waiting period for divorce in Kentucky?
Kentucky imposes a mandatory 60-day waiting period before a divorce can be finalized. Under KRS § 403.170, no decree of dissolution shall be issued until the parties have lived apart for 60 days. Living apart includes living under the same roof without sexual cohabitation. This waiting period cannot be waived, even if both spouses consent and have reached a full settlement.
What are the residency requirements for filing divorce in Kentucky?
Under KRS § 403.140(1)(a), at least one spouse must have resided in Kentucky, or been stationed in Kentucky while a member of the armed services, for at least 180 days immediately before filing the divorce petition. You must file in the county where either spouse resides. U.S. citizenship is not required; you can file for divorce in Kentucky as long as one spouse meets the residency requirement.
How much does it cost to file for divorce in Kentucky?
Filing fees for divorce in Kentucky vary by county and typically range from $115 to $250. Additional costs include service of process fees, potential mediation fees, parenting class fees, and attorney fees if you choose to hire legal representation. Attorney hourly rates in Kentucky generally range from $150 to $400 per hour. If you cannot afford filing fees, you may request a fee waiver by filing an In Forma Pauperis motion. As of February 2025. Verify with your local clerk.
Can I get a divorce in Kentucky if my spouse does not agree?
Yes. Kentucky is a no-fault divorce state, meaning one spouse cannot prevent the other from obtaining a divorce. If your spouse denies that the marriage is irretrievably broken, the court may order a conciliation conference and delay proceedings by 30 to 60 days under KRS § 403.170(2). However, the court will ultimately grant the divorce if reconciliation efforts fail. A non-cooperative spouse may slow the process but cannot stop it.
How is property divided in a Kentucky divorce?
Kentucky follows equitable distribution principles under KRS § 403.190. The court first classifies property as marital or non-marital. Non-marital property is returned to its original owner. Marital property is divided fairly (but not necessarily equally) based on factors including each spouse's contribution to the marriage, the duration of the marriage, and the economic circumstances of each spouse. How property is titled does not determine its classification.
Is spousal maintenance (alimony) guaranteed in a Kentucky divorce?
No. Spousal maintenance is not automatic in Kentucky. Under KRS § 403.200, the court may award maintenance only if the requesting spouse lacks sufficient property to provide for their reasonable needs and is unable to support themselves through appropriate employment. Maintenance can be temporary, rehabilitative, or permanent. The court considers factors such as marriage duration, standard of living, earning capacity, and each spouse's financial resources.
What happens if my spouse cannot be found for service of the divorce papers?
If your spouse cannot be located, Kentucky law allows the court to appoint a warning order attorney to attempt to effectuate service. You may also serve by publication in certain circumstances. However, if your spouse has not been personally served, the court's ability to divide property may be limited. If you face this situation, consulting with a Kentucky family law attorney is strongly recommended.
Can I file for divorce in Kentucky if I am pregnant?
Yes, you can file the petition at any time. However, under KRS § 403.150, if the wife is pregnant at the time the petition is filed, the court may continue the proceedings until after the child is born. This potential continuance can extend the divorce timeline significantly, particularly regarding custody and support determinations for the unborn child.
What is the difference between divorce and legal separation in Kentucky?
A legal separation in Kentucky follows nearly the same process as a divorce. The court addresses property division, custody, support, and maintenance. However, a legal separation does not end the marriage, and neither party may remarry. Under KRS § 403.230, after one year of legal separation, either spouse may petition to convert the separation into a divorce. If one spouse objects to a legal separation and requests divorce instead, the court will proceed with the divorce.
Key Kentucky Divorce Statutes Reference
- KRS § 403.140 - Jurisdiction and residency requirements (180-day residency)
- KRS § 403.150 - Commencement of action and pleadings
- KRS § 403.170 - Irretrievable breakdown and 60-day separation requirement
- KRS § 403.180 - Separation agreements
- KRS § 403.190 - Equitable distribution of property
- KRS § 403.200 - Spousal maintenance
- KRS § 403.212 - Child support guidelines
- KRS § 403.270 - Child custody (best interests standard)
- KRS § 403.044 - 60-day waiting period for cases with minor children
Conclusion
Understanding how long does divorce take in Kentucky starts with knowing the state's mandatory 60-day waiting period, which sets the absolute floor for the fastest divorce possible. For uncontested cases, you can realistically expect finalization in 8 to 12 weeks. Contested divorces take considerably longer, often 6 to 18 months or more, depending on the complexity of issues and the court's schedule.
The best strategy for minimizing your divorce duration is to reach agreement with your spouse on as many issues as possible, complete all required financial disclosures promptly, and work with an experienced Kentucky family law attorney who can guide you through the process efficiently.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Kentucky divorce laws and procedures may change. For guidance specific to your situation, consult with a licensed Kentucky family law attorney. Filing fees referenced are as of February 2025 and should be verified with your local Circuit Court Clerk.