An uncontested divorce in Kentucky is one where both spouses agree on everything: property, debts, spousal support, and, if there are children, custody, timesharing, and child support. To file in Kentucky, one spouse must have lived in the state for at least 180 days. The spouses put their terms in a written settlement agreement, and the court cannot enter the final decree until they have lived apart for at least 60 days. For Louisville residents, the case is handled in Jefferson Family Court.
Step 1: Confirm you qualify
- Residency: at least one spouse must have lived in Kentucky for 180 days before the petition is filed.
- Grounds: Kentucky is a no-fault state. The only ground is that the marriage is irretrievably broken. Neither spouse has to prove wrongdoing.
- Agreement: you must agree on every issue. If you disagree on even one, the case is contested. Read the contested divorce timeline.
Step 2: Separate for at least 60 days
A Kentucky court cannot enter a divorce decree until the spouses have lived apart for at least 60 days. Living apart can include living under the same roof, as long as you are not living together as a married couple. The 60 days can include time before the petition is filed.
Step 3: Reach a written settlement agreement
The separation agreement is the heart of an uncontested divorce. It should address:
- Property: the home, vehicles, bank accounts, retirement accounts, and personal property. Kentucky divides marital property in just proportions, and each spouse keeps nonmarital property.
- Debts: who pays the mortgage, car loans, and credit cards.
- Maintenance: Kentucky's term for spousal support. The agreement should say whether either spouse will pay it, how much, and for how long, or that both spouses waive it.
- Children: custody, the timesharing schedule, child support under the Kentucky guidelines, health insurance, and uninsured medical costs.
- Retirement accounts: dividing a 401(k) or pension usually requires a separate court order. The agreement should say how that will happen.
The court reviews the agreement and will approve it unless it finds the terms unconscionable, meaning grossly unfair. Once approved, the agreement becomes part of the decree and is enforceable like any court order.
Step 4: File the petition
One spouse, the petitioner, files a petition for dissolution of marriage in the family court of the county where either spouse lives. For Louisville, that is Jefferson Family Court. Both spouses complete the financial disclosures required by Kentucky's family court rules.
The other spouse, the respondent, must receive formal notice. In an uncontested case, the respondent can often sign a document acknowledging the case instead of being formally served, which saves time and cost.
Step 5: If you have children
- Custody and timesharing: Kentucky starts from a presumption that joint custody and equal parenting time are in the child's best interests. Parents can agree to a different schedule, and the court will review it.
- Child support: calculated under Kentucky's statewide guidelines based on both parents' incomes, with a guidelines worksheet filed with the court.
- Parenting class: many Kentucky family courts require divorcing parents to complete a parenting class. Check your county's requirements.
Step 6: Get the final decree
Once the 60-day separation requirement is met and the paperwork is complete, the court enters the decree of dissolution of marriage. Depending on the court, the judge may grant the decree after a short hearing or based on the filed documents. A spouse who wants to return to a former name can request it in the decree.
How long does an uncontested divorce take in Kentucky?
The minimum is set by the 60-day separation requirement. Beyond that, the timeline depends on how quickly the agreement is finalized, how fast the paperwork is completed, and the court's schedule. Couples who have already been separated for 60 days and have a signed agreement can move quickly.
Do you need a lawyer for an uncontested divorce?
Not always. But a signed settlement agreement is difficult to change later, especially the property division, so many spouses have a lawyer draft or review it. That matters most when there are children, a house, retirement accounts, or maintenance involved. Read the benefits of hiring a family lawyer.
What does it cost?
At Wise & Associates, fees are staged flat fees, never hourly. Upfront fees range from $1,500 to $5,000 depending on the case type and how much litigation is required. An uncontested divorce is generally at the lower end, and the attorney will quote your exact fee during a free consultation. See how pricing works.
Talk to a Louisville divorce lawyer
Consultations are free and by phone. Book a time on the Louisville calendar, then call (502) 618-0000 at your scheduled time.
Wise & Associates serves Jefferson, Oldham, Bullitt, Shelby, Spencer, and Henry counties. Kentucky divorce · Kentucky FAQ