If you are considering divorce in Kentucky, you may be asking yourself: What are the differences between a contested vs an uncontested divorce? The answer is important because the type of divorce you file for affects everything from how long the process takes, how much it may cost, and how stressful it could become.
In simple terms, an uncontested divorce means both spouses agree on all significant issues before filing. A contested divorce means there is disagreement about one or more terms, which may necessitate a court’s intervention. Understanding the difference helps you make informed decisions and avoid surprises.
Understanding the Basics of Contested vs Uncontested Divorce in Kentucky
Divorce is never easy, but how it unfolds depends on whether you and your spouse can agree on fundamental issues.
An uncontested divorce typically proceeds more quickly, is less expensive, and involves less conflict. A contested divorce can be more time-consuming and may include hearings, discovery, and possibly a trial. Knowing where you stand can help you prepare for what lies ahead.
Kentucky law allows both types of divorce, but the court requires specific forms, timelines, and conditions no matter which path you take.
Contested vs Uncontested Divorce and What Each Means for You
In an uncontested divorce, both spouses agree on:
- Property division;
- Child custody and parenting time;
- Child support and health insurance; and
- Spousal support (also called maintenance).
Your agreement on these issues must be put in writing and approved by the court. If everything is clear and legally valid, the judge may sign off without a hearing.
In a contested divorce, one or more issues remain unresolved. Examples include disagreement over who keeps the house, how time with children is divided, or how much support should be paid. In these cases, attorneys may exchange documents, negotiate, and if necessary, take the matter to trial.
Contested vs Uncontested Divorce in Legal Terms
From a legal perspective, the primary distinction lies in whether the court is required to resolve disputes. Kentucky courts prefer parties to resolve divorces through a settlement agreement, but they will intervene when that is not possible.
For either type of divorce, the legal foundation is the same. Kentucky is a “no-fault” divorce state, meaning you do not have to prove wrongdoing to get divorced. The only requirements are that the marriage is irretrievably broken and that you and your spouse have lived apart for at least 60 days.
The required court forms differ depending on whether the divorce is contested or uncontested. If children are involved, additional parenting documents and child support worksheets must be included.
The main difference between contested and uncontested divorce lies in the process. Uncontested divorces usually follow the following process:
- One spouse files a petition;
- The other spouse waives formal service and signs a written agreement;
- The parties submit signed agreements to the court; and
- A judge reviews and signs a final decree.
In many counties, uncontested divorces can be finalized without a court appearance. The court reviews documents, confirms everything is complete, and issues the final order.
In a contested divorce, the process may include:
- Serving the divorce petition;
- Filing a response or counter-petition;
- Discovery (sharing financial documents or answering questions);
- Pretrial hearings to resolve temporary issues;
- Mediation to try to reach an agreement; and
- Trial, if a settlement is not possible.
Each step adds time, cost, and stress. For this reason, many people initiate contested filings but attempt to settle before trial.
Uncontested Divorce vs Contested Divorce: Costs and Timelines
The difference between contested and uncontested divorces is most apparent when considering the costs and time involved. An uncontested divorce in Kentucky can be completed within 60 to 90 days, and sometimes less if there are no children involved. Filing fees typically range from $200 to $250, and attorney fees may be fixed at a lower rate.
Contested divorces often take much longer, sometimes over a year. Legal fees can increase depending on the amount of court time, document preparation, and negotiation. Additional expenses, such as expert evaluations or depositions, may also arise.
According to the Kentucky Court of Justice, uncontested divorces tend to be resolved quickly and place a lesser burden on both the court and the family. That is why many people choose this option when it is available.
Choosing Between Uncontested vs Contested Divorce Based on Your Needs
Your circumstances may guide whether an uncontested or contested approach is best. If you and your spouse are on speaking terms and can reach common ground, an uncontested divorce is typically the better option. It offers speed, privacy, and less emotional wear. This route also tends to minimize disruption for children, particularly when parents can agree on a stable parenting schedule from the beginning.
However, uncontested divorce may not work if:
- One party refuses to cooperate;
- There are concerns about hidden assets or income;
- Domestic violence or intimidation is present; or
- Child safety or custody is disputed.
In such cases, a contested divorce offers a means to ensure fairness and legal protection. Court involvement can be essential when trust has broken down or when there is a significant power imbalance. Even then, many contested divorces settle before trial once facts are exchanged and both parties understand the legal standards. A well-prepared legal team can help encourage reasonable outcomes without extending the conflict longer than necessary.
Speak with a Kentucky Divorce Lawyer About the Best Path Forward
Whether you and your spouse agree on everything or still have unresolved issues, it helps to understand your legal options before moving forward. At McCoy & Sparks, PLLC, we guide individuals across Kentucky through both contested and uncontested divorces with clarity and care.
Our team can help you assess where your case stands, what steps to expect, and how to avoid unnecessary delays or stress. Every family’s situation is different, and you deserve advice tailored to yours. If you are unsure which type of divorce fits your needs, contact McCoy & Sparks today to schedule a consultation with a knowledgeable Kentucky divorce attorney.