In most cases, an uncontested divorce in Kentucky takes at least 60 days after filing the petition. This waiting period is required by Kentucky law when the couple has minor children. Without children, the timeline may be shorter, but factors like court scheduling, document errors, and local rules can still cause delays.
Working with an attorney helps ensure that your paperwork is accurate, your rights are protected, and the process stays on track from start to finish.
What Makes a Divorce Uncontested?
A divorce is uncontested when both spouses agree on all major issues. These issues include property division, debt allocation, child custody, parenting time, and support. The divorce becomes contested if either spouse disputes even one of these terms.
Uncontested cases tend to move faster because the court does not need to hold hearings to resolve disagreements. The court can approve the final judgment once the couple files all necessary documents and meets the required waiting period.
Although uncontested divorces are more straightforward, legal guidance remains essential. A lawyer can help you avoid mistakes that might slow the process or create future problems.
Minimum Waiting Period Under Kentucky Law
Kentucky law imposes a mandatory 60-day waiting period in cases where the couple shares minor children. This period begins once the divorce petition is filed with the circuit court. In some counties, the court will not schedule a final hearing until this period has ended, even if both parties are in complete agreement.
For couples without children, the process may move slightly faster. Still, most courts allow a few weeks for administrative review, so you should expect to wait at least a month or more from the filing date.
This mandatory period gives both parties time to consider their decisions and allows for reconciliation or final settlement adjustments.
Typical Timeline for an Uncontested Divorce in Kentucky
While each case is unique, the full Kentucky uncontested divorce timeline often follows a general path of steps.
Before filing:
- Complete the required documents. Gather and complete the initial documents to begin your case, including the petition, case data sheet, settlement agreement, and child-related forms (if applicable).
- Prepare financial disclosures. Kentucky requires parties to exchange details about assets, debts, and income.
- Decide custody and support terms. Parents must agree on parenting time and financial obligations if children are involved.
After filing:
- Wait 60 days. A 60-day waiting period is required if minor children are involved. Some courts also apply this waiting period to childless couples.
- Attend any parenting classes. Some counties require a parenting course before final approval.
- Schedule a hearing or submit final paperwork. Depending on the court, you may need to attend a short final hearing or file an agreed judgment.
- Receive the final decrees. The judge signs the order, and your marriage is legally dissolved.
Although this process can take as little as two months, any misstep may lead to rejection, delays, or rescheduled hearings.
How Divorce Laws in Kentucky Can Affect Timing
Kentucky is a “no-fault” divorce state, which means that neither party is required to prove wrongdoing to end the marriage. The only requirement is that the marriage is “irretrievably broken.” This framework speeds up uncontested divorces because no time is wasted on proving blame.
However, divorce laws in Kentucky do include strict requirements that can affect timing:
- Residency. At least one spouse must live in Kentucky for 180 days before filing.
- Separation period. You must live apart for at least 60 days before the court grants the divorce.
- Child custody and support. Agreements must comply with Kentucky child support guidelines and reflect the child’s best interests.
Following these legal rules closely helps avoid having your judgment denied or delayed.
Can You Speed Up the Process?
While you cannot shorten the required waiting period, you can prevent delays by being proactive and thorough in your approach. The following steps may help keep your divorce in Kentucky moving forward:
- File complete and correct paperwork the first time;
- Work with a family law attorney to draft your agreement;
- Exchange financial disclosures early in the process;
- Schedule your hearing as soon as the waiting period ends; and
- Complete any required parenting classes ahead of time.
Every divorce is different, but clear communication and legal support can go a long way toward preventing surprises.
Questions to Ask Before Filing for Uncontested Divorce
Before starting the process, it may help to clarify the following:
- Have you and your spouse agreed on all financial and parenting terms?
- Have you both lived separately for at least 60 days?
- Do you meet the Kentucky residency requirement?
- Have you completed the required parenting class, if applicable?
- Are all documents ready for filing?
Answering these questions honestly will help you understand whether your case is truly ready to proceed as uncontested.
Why Legal Help Still Matters in Uncontested Cases
Even when you and your spouse agree, you still need to meet Kentucky’s legal requirements. Errors in your agreement or forms can lead to court rejections or future disputes over property, custody, or support.
An attorney can:
- Help you prepare and file all necessary documents;
- Make sure the court accepts your terms;
- Ensure your parenting and support plans follow the law; and
- Represent you in any required hearings.
Seeking legal help early in the process provides confidence that your agreement is valid, enforceable, and accepted by the court the first time around.
Get Trusted Help to Stay on Track During Your Uncontested Divorce
Even when you and your spouse agree, getting through the legal process without delays takes preparation and precision. At McCoy & Sparks, PLLC, we help clients across Kentucky complete uncontested divorces as smoothly and quickly as possible, while making sure no important detail is missed.
If you’re wondering: How long does an uncontested divorce take in Kentucky? The answer is: It varies. However, regardless of the specific timeframe, you deserve guidance that keeps your case moving forward. From preparing accurate paperwork to handling county-specific procedures, our team can support you every step of the way.
If you are ready to begin or want to avoid mistakes that cause delays, contact McCoy & Sparks today to speak with a knowledgeable Kentucky divorce attorney.