Legal

How Long Does Divorce Take in Kentucky

5 min read
By DivorceAI Team — Legal Research & Financial Planning Experts
Kentucky divorce timeline
Kentucky divorce timeline

Understanding how long divorce takes in Kentucky starts with one critical fact: you must live separately for 60 days before your divorce can be finalized. Whether you're pursuing an uncontested dissolution or facing a contested case, Kentucky's unique separation requirement drives your timeline.

Kentucky's Mandatory 60-Day Separation Requirement

Kentucky law requires that spouses live "separate and apart" for at least 60 days before a divorce decree can be entered (KRS 403.170). This separation period begins when you or your spouse establish separate living arrangements—and here's an important detail: you can live under the same roof during this time, as long as there is no sexual cohabitation.

Kentucky is a no-fault divorce state, meaning the only legal ground for dissolution is that the marriage is "irretrievably broken." The court may require a brief hearing to confirm this finding, but no specific fault allegations are necessary. The 60-day separation serves as the state's cooling-off period, giving couples time to reconsider or finalize their arrangements.

Uncontested Divorce Timeline: 8-12 Weeks

If you and your spouse agree on all major issues—property division, child custody (if applicable), and spousal support—your divorce can be completed relatively quickly. Most uncontested divorces in Kentucky take 8 to 12 weeks from filing to final decree.

Here's the typical uncontested timeline:

  • Day 0: File your AOC-252 Petition for Dissolution of Marriage (if you have no children under 18) in Kentucky Circuit Court or Family Court.
  • Day 1-14: Serve your spouse or have them sign a waiver of service (AOC-252.1).
  • By Day 45: Exchange preliminary financial disclosures (AOC-238) as required by Kentucky Family Court rules.
  • At or after Day 60: Submit your separation agreement, proposed decree, and petitioner's deposition (AOC-252.5) to the court.
  • Day 70-90: Court reviews paperwork and enters the final decree—often without requiring you to appear in person if all documents are in order.

Filing fees vary by county but typically start around $153 (for example, Kenton County), plus certified mail or service costs. If your case is truly uncontested and you use the AOC-252 packet, you may also pay a minimal Domestic Relations Commissioner (DRC) fee of just $15.

Contested Divorce Timeline: 6-12 Months

When spouses can't agree on custody, property, or support, the process becomes significantly longer. Contested divorces in Kentucky typically take 6 to 12 months (or more in complex cases), depending on court dockets, discovery needs, and mediation outcomes.

The contested divorce process unfolds in stages:

  1. Filing and Temporary Orders (Weeks 1-8): After filing your petition, you can request temporary orders for child support, custody, or exclusive use of the marital home. Kentucky law requires child support temporary orders to be entered within 14 days of the motion (KRS 403.160).
  2. Financial Disclosures and Case Management (Weeks 6-12): Each party exchanges preliminary verified disclosure statements (AOC-238) within 45 days. The court then schedules a case management conference to set deadlines for mediation, discovery, and trial.
  3. Mediation and Discovery (Months 2-6): Kentucky courts strongly encourage mediation in contested cases. If mediation fails, the parties proceed with formal discovery—depositions, interrogatories, and document requests.
  4. Trial and Final Decree (Months 6-12): If no settlement is reached, your case goes to a bench trial (no jury) before a Family Court judge or Domestic Relations Commissioner. After the trial, the court issues findings of fact and a final decree.

Costs for contested divorces can escalate quickly. In addition to filing fees, you'll likely pay for mediation ($125–$200/hour), DRC hearing fees ($60/hour, capped at $600 per case), and attorney's fees that reflect the complexity and duration of your case.

Pre-Filing Requirements: Residency and Venue

Before you can file for divorce in Kentucky, you or your spouse must have been a Kentucky resident for at least 180 days immediately before filing (KRS 403.140). This requirement also applies to service members stationed in Kentucky for 180 days.

You'll file your petition in the Circuit Court (or Family Court division, where available) in the county where either you or your spouse "usually resides." Kentucky's Family Court system operates under a "One Family, One Judge, One Court" model, which means all related domestic matters—custody, support, and property—are handled by a single judge to ensure consistency and efficiency.

One unique feature of Kentucky law: the state applies a rebuttable presumption in favor of joint custody and equal parenting time when children are involved (KRS 403.270). This presumption does not apply if a domestic violence order has been entered against either party.

Estimate Your Kentucky Divorce Costs

Understanding your timeline is the first step—but you'll also need to plan for the financial impact. Use our free calculator below to estimate filing fees, service costs, mediation expenses, and attorney's fees based on your specific situation.

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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.

Planning Your Kentucky Divorce Timeline

Whether your divorce is uncontested or contested, the 60-day separation requirement is the anchor point for your Kentucky divorce timeline. An uncontested case with proper preparation can be finalized in as little as 8-12 weeks, while contested cases involving custody or complex property issues may take 6-12 months or longer.

The key to an efficient process? Thorough preparation. Gather your financial documents early, comply with Kentucky's disclosure requirements, and—if possible—work toward agreement through mediation. For a complete list of required forms and documents, review our Kentucky divorce filing checklist. Every issue you can resolve outside of court saves time and money.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Divorce laws and procedures vary by county and change over time. For guidance specific to your situation, consult a licensed Kentucky family law attorney or visit the Kentucky Court of Justice website.

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