Filing for divorce in Kentucky? Called "dissolution of marriage" in Kentucky, your case will be either uncontested (you and your spouse agree on everything) or contested (disputes remain on major issues). Understanding these differences helps you budget, plan, and decide whether mediation or litigation makes sense for your situation.
Kentucky is a pure no-fault state—"irretrievable breakdown" is the only ground for divorce. No decree can enter until you and your spouse have lived apart for at least 60 days (even under the same roof counts if there's no sexual cohabitation). At least one spouse must have been a Kentucky resident for 180 days before filing.
Quick Comparison: Uncontested vs Contested
| Factor | Uncontested | Contested |
|---|---|---|
| Agreement | Both parties agree on all issues | One or more issues disputed |
| Timeline | 2-3 months typical | 6-12+ months |
| Total Cost | $150-$2,000 | $10,000-$25,000+ |
| Court Hearings | Brief proof hearing or deposition | Multiple hearings, bench trial |
| Attorney Needed? | Optional (DIY possible) | Highly recommended |
What is an Uncontested Divorce in Kentucky?
An uncontested ("agreed") dissolution means you and your spouse agree on all issues including property division, maintenance (alimony), and (if applicable) child custody and support. You submit a written Separation Agreement, required financial disclosures, and a proposed decree. Many judges accept affidavit or deposition testimony rather than requiring live testimony in agreed cases.
The Kentucky Court of Justice provides Supreme Court-approved AOC-252 packets for divorces without minor children, including all necessary forms for petition, waiver of service, separation agreement, and proposed decree.
What is a Contested Divorce?
A contested divorce occurs when you and your spouse disagree on one or more major issues such as property division, maintenance, child custody, or parenting time. The case proceeds through formal discovery, case management conferences, and potentially mediation before trial.
Both parties must exchange Preliminary Verified Disclosure Statements (AOC-238) within 45 days after service. Courts routinely order mediation in contested custody or property cases. If mediation fails, a bench trial follows where the judge decides all disputed issues.
Cost Comparison
Uncontested Divorce Costs
- Filing fee: $115-$175 (varies by county)
- Service of process: $12-$50 (certified mail or sheriff)
- DRC fee (if applicable): $15 maximum for uncontested
- Attorney (optional): $500-$1,500 flat fee
- Total typical range: $150-$2,000
Contested Divorce Costs
- Filing fee: $115-$175
- Attorney fees: $5,000-$15,000+ retainer; $200-$350/hour
- DRC fees: $60/hour (capped at $600 per case)
- Mediation: $125-$200/hour split between parties
- Total average: $10,000-$25,000+ depending on complexity
Calculate Your Estimated Divorce Costs
Use our free calculator to estimate your total Kentucky divorce costs based on whether your case is uncontested or contested.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
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.
Timeline Comparison
Uncontested: The 60-day separation period often drives the minimum timeline. Most courts can enter an agreed decree in 8-12 weeks if paperwork is complete. For more details, see our Kentucky divorce timeline guide.
Contested: Expect 6-12 months or longer. Temporary orders take 30-60 days, disclosures are due by day 45, case management and mediation span 2-5 months, and discovery and trial settings can extend cases to 9-14 months depending on local dockets.
Frequently Asked Questions
What are Kentucky's residency requirements?
At least one spouse must have been a Kentucky resident (or service member stationed in Kentucky) for 180 days immediately before filing.
What about child custody?
Kentucky has a rebuttable presumption favoring joint custody and equal parenting time. However, this presumption doesn't apply if a domestic violence order exists against either party.
Can I file without a lawyer?
Yes. Self-represented litigants can use the AOC-252 form packets for uncontested cases without children. Note that attorneys must e-file, but self-represented parties currently file on paper.
Make the Right Choice
The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and finish in months rather than a year. Even if your case starts contested, pursuing settlement through mediation can dramatically improve outcomes. For step-by-step guidance, see our Kentucky divorce filing checklist. Additionally, our Kentucky divorce timeline guide provides realistic expectations for each phase.
Ready to Navigate Your Divorce Journey?
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This article is for informational purposes only and does not constitute legal advice. Kentucky divorce laws are complex and fact-specific. For guidance tailored to your situation, consult a licensed Kentucky family law attorney. Filing fees vary by county. Always verify current requirements with your local Kentucky Circuit Court clerk.
