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Uncontested Divorce in Kentucky

Requirements for an Uncontested Divorce in Kentucky

To qualify for an uncontested divorce (called “dissolution of marriage”) in Kentucky , the following must apply:
 

  1. Residency: 

    • At least one spouse must have lived in Kentucky for 180 days (6 months) before filing.
       

  2. Grounds for Divorce 

    • Kentucky is a no-fault divorce state.

    • You only need to state that the marriage is “irretrievably broken.” No blame or fault must be proven.
       

  3. Separation Requirement

    • Living in the same house is okay as long as you're not acting as a married couple.

    • You and your spouse must have lived apart for at least 60 days before the divorce can be finalized.

  4. Full Agreement

    • You and your spouse must agree on all major terms:

    • Division of property and debts

    • Spousal support (alimony)

    • Child custody and visitation (if applicable)

    • Child support

Steps to File for an Uncontested Divorce:

  1. Complete the Required Forms

Forms vary slightly by county, but typical documents include:

  • Petition for Dissolution of Marriage

  • Case Data Sheet

  • Marital Settlement Agreement

  • Financial Disclosure Forms

  • Parenting Plan and Child Support Worksheet (if you have children)

  • Final Decree of Dissolution

    Download forms from:
    https://kycourts.gov (search for "divorce forms")
    Or get a packet at your local Circuit Court Clerk’s Office.

     

2. File the Petition

  • File your completed forms in the Circuit Court in the county where either spouse lives.

  • Pay the filing fee, which is typically $115–$200, depending on the county.

  • Ask about a fee waiver if you can’t afford to pay (file a Motion to Proceed In Forma Pauperis


3. Serve Your Spouse (if not filing jointly)

  • If you're the sole filer, your spouse must be served officially.

  • If both parties agree, your spouse can sign an Entry of Appearance and Waiver, which waives formal service.


4. Wait the 60 Days

  • You must wait at least 60 days from the date of separation before a judge will finalize the divorce.

5. Submit Final Paperwork / Attend Hearing

  • File the signed Settlement Agreement and Decree of Dissolution.

  • Some counties require a brief final hearing, others may finalize your case on paperwork alone.
     

6. Divorce Finalized

  • Once the judge signs the Decree of Dissolution, your divorce is complete.

Cost Considerations

  • Filing Fee: $115–$200 (varies by county)
     

  • Attorney Flat Fee: $500–$1,200 for uncontested cases
     

  • Online Divorce Services: Typically $150–$350
     

  • Fee Waiver: Available via In Forma Pauperis Motion

Important Considerations

  • With Children:

    • Must file a Parenting Plan

    • Complete Child Support Worksheet

    • Some counties require parents to take a parenting class

  • Division of Property:

    • Kentucky follows equitable distribution — marital property is divided fairly (not necessarily equally)

  • Kentucky follows equitable distribution — marital property is divided fairly (not necessarily equally)

    • Even for uncontested divorces, consider having an attorney review your agreement—especially if it involves children, retirement accounts, or real estate

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