A divorce petition document beside a Kentucky courthouse

Kentucky calls divorce “dissolution of marriage.” At Wise & Associates in Louisville, a typical uncontested dissolution in Jefferson Family Court takes 3 to 4 months, and a typical contested case takes 8 to 10 months or longer. No decree can be entered until the spouses have lived apart at least 60 days.

What Is Dissolution of Marriage in Kentucky?

Dissolution of marriage is Kentucky's legal term for divorce. Kentucky is a no-fault state: the court grants a dissolution when it finds the marriage is irretrievably broken, meaning there is no reasonable prospect of reconciliation (KRS 403.140 and KRS 403.170). Neither spouse has to prove the other did something wrong.

Who Can File for Dissolution in Kentucky?

At least one spouse must have lived in Kentucky, or been stationed in Kentucky as a member of the armed services, for 180 days before the petition is filed (KRS 403.140). A dissolution is usually filed in the county where either spouse lives. In Louisville, that is Jefferson Family Court.

What Is the 60-Day Waiting Period?

A Kentucky court cannot enter a decree of dissolution until the spouses have lived apart for at least 60 days (KRS 403.044). Under the same statute, living apart can include living under the same roof without sexual relations. The 60 days can run while the case is being prepared and filed.

What Are the Steps in Jefferson Family Court?

  1. Petition. A verified petition for dissolution of marriage is filed with the Jefferson Family Court Clerk.
  2. Service or entry of appearance. The other spouse is served, or signs a verified entry of appearance. A served spouse generally has 20 days to respond.
  3. Financial disclosures. Under the Family Court Rules of Procedure and Practice, both spouses exchange a Preliminary Verified Disclosure Statement within 45 days of service of the petition (FCRPP 2(3)).
  4. Temporary orders, if needed. The court can set temporary custody, support, and use of the home while the case is pending.
  5. Divorce education. In a Jefferson County divorce with minor children, the court may order the family to complete a divorce education program.
  6. Agreement or trial. If the spouses agree on every issue, the case can be submitted for a decree without a trial (FCRPP 3). Issues that do not settle are decided by the judge.
  7. Decree. The decree is final when the judge signs it and the clerk enters it.

For an agreed case, the filings generally include a verified separation agreement, the Final Verified Disclosure Statement, a verified waiver of notice of the final hearing, written proof of the petition's allegations if there is no hearing, a divorce education certificate if required, and a child support worksheet if there are children (FCRPP 2(1)).

What Is the Difference Between an Agreed and a Contested Dissolution?

An agreed (uncontested) dissolution is one where the spouses settle every issue, including property, debts, maintenance, and, if they have children, custody, timesharing, and child support. A contested dissolution is one where at least one issue is disputed and goes through discovery, mediation, and possibly trial. A contested case can become agreed at any point if the spouses reach a full settlement.

How Long Does a Dissolution Take in Jefferson County?

At Wise & Associates, a typical uncontested dissolution in Jefferson County takes 3 to 4 months, and a typical contested dissolution takes 8 to 10 months or longer. Custody disputes, business or property valuation, discovery disputes, and the court's schedule all affect the timeline.

How Are Property, Maintenance, and Custody Decided?

  • Property: each spouse keeps nonmarital property, and marital property is divided in just proportions, which is not always 50/50 (KRS 403.190).
  • Maintenance: spousal support is decided on need and ability to pay (KRS 403.200).
  • Custody: Kentucky presumes joint custody and equally shared parenting time are in the child's best interests, and a parent can rebut that presumption with evidence (KRS 403.270).

How Much Does a Dissolution Cost?

At Wise & Associates, dissolution cases use staged flat fees, never hourly. The upfront flat fee is between $1,500 and $5,000, depending on how much litigation the case is likely to need. Mediation, court appearances, and trial are each priced before they begin, and agreed cases usually need no added stages.

How Wise & Associates Handles This

Frequently Asked Questions

Do I have to prove fault to get a dissolution in Kentucky?

No. Kentucky is a no-fault state. The court only has to find that the marriage is irretrievably broken.

Can we live in the same house during the 60-day waiting period?

Yes. Under Kentucky law, living apart can include living under the same roof without sexual relations.

How long does the other spouse have to respond?

A spouse who is formally served generally has 20 days to file a response. A spouse who agrees to the dissolution can instead sign a verified entry of appearance.

Do we have to go to court for an uncontested dissolution?

Often not for a trial. Kentucky family court rules allow an agreed case to be submitted for a decree without a trial, with the proof filed in writing. Some cases still have a short hearing.

Can my spouse stop the dissolution by refusing to sign?

No. Once the other spouse is served, the case moves forward, and the court can decide the issues and enter a decree.

How much does a dissolution cost at Wise & Associates?

At Wise & Associates, the upfront flat fee is between $1,500 and $5,000, depending on how much litigation is required. Mediation, court appearances, and trial are each priced before they begin, and the firm does not bill hourly.

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Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.