At Wise & Associates in Louisville, an uncontested Kentucky divorce with children typically takes 3 to 4 months, with an upfront flat fee between $1,500 and $5,000. The parents must agree on custody, a timesharing schedule, and child support under the Kentucky guidelines, and the judge must approve the children’s terms.
What Has to Be in the Agreement?
An uncontested divorce requires a separation agreement that settles every issue. With children, it must cover:
- Custody: joint or sole decision-making authority on major issues.
- Timesharing: the regular schedule, holidays, school breaks, summer, and exchanges.
- Child support: the amount under the Kentucky guidelines, health insurance, uninsured medical expenses, and child care costs.
- Other terms: how the parents will communicate and make decisions, and any agreement on claiming the children for taxes.
How Is Child Support Calculated?
Kentucky uses an income shares model: the guidelines table sets a total support amount based on the parents' combined adjusted gross income and number of children, and each parent's share follows their percentage of that income (KRS 403.212). A child support worksheet is filed with the agreement (FCRPP 2(1)). Parents can agree to a different amount, but the agreement must show they know the guidelines amount, and the court must approve it (KRS 403.211).
Does the Judge Have to Approve the Agreement?
Yes, for the children's terms. Under KRS 403.180, terms on property and maintenance generally bind the court unless they are unconscionable, but terms on custody, timesharing, and child support do not. The judge reviews them to confirm they serve the children's best interests.
Is There a Parenting Class in Jefferson County?
In a Jefferson County divorce with minor children, the court may order the family to complete a divorce education program, and a sliding-scale fee is available for qualifying families. If the court requires it, the completion certificate is filed before the decree (FCRPP 2(1)).
What Is the Timeline?
- Free phone consultation and fee quote
- Drafting the separation agreement, parenting schedule, and child support worksheet
- Filing the petition, with the other spouse's verified entry of appearance
- Exchanging financial disclosure statements
- The 60-day minimum: no decree until the spouses have lived apart at least 60 days (KRS 403.044)
- Submitting the case for a decree without a trial (FCRPP 3)
- The judge's review and entry of the decree
Children do not add a separate waiting period in Kentucky. At Wise & Associates, a typical uncontested divorce takes 3 to 4 months from start to decree.
Do We Have to Go to Court?
Often not for a trial. Kentucky's family court rules allow an agreed case to be submitted for a decree without a trial, with proof of the petition's allegations filed by verified deposition or interrogatories (FCRPP 2 and 3). Some cases still have a short hearing.
What If We Agree on Everything Except Custody?
Then the case is contested on custody. The parents can settle the other issues and ask the court to decide custody, or work toward a full agreement through mediation.
How Wise & Associates Handles This
Frequently Asked Questions
How long does an uncontested divorce with children take in Kentucky?
At Wise & Associates, a typical uncontested divorce with children takes 3 to 4 months. No decree can be entered until the spouses have lived apart at least 60 days.
Can we agree to equal parenting time?
Yes. Parents can agree to any schedule, and Kentucky law already presumes joint custody and equally shared parenting time are in the child’s best interests. The judge approves the schedule if it serves the children.
Can we agree to no child support?
Parents can agree to an amount different from the guidelines only if the agreement shows they know the guidelines amount and the court approves it.
Does the judge have to approve our parenting plan?
Yes. Unlike property terms, custody, timesharing, and child support terms do not bind the court. The judge reviews them for the children’s best interests.
Can one lawyer represent both of us?
No. A lawyer represents one spouse. The other spouse can sign an entry of appearance and may hire their own lawyer to review the agreement.
How much does an uncontested divorce with children cost at Wise & Associates?
At Wise & Associates, the upfront flat fee is between $1,500 and $5,000, quoted in a free phone consultation. The firm does not bill hourly.
Related Reading
- Louisville uncontested divorce lawyer
- Pricing and staged flat fees
- Uncontested divorce in Kentucky, step by step
- Joint custody and equal parenting time in Kentucky
Talk to a Louisville Divorce Lawyer
Consultations are free and by phone. Book a time, then call the office at your scheduled time.
Wise & Associates: 303 Middletown Park Pl, Suite G, Louisville, KY 40243 · (502) 618-0000 · Book a free phone consultation
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.