Kentucky allows an uncontested divorce when you and your spouse agree on every issue, but one of you must have lived in the state for 180 days before you file.
If you and your spouse agree on every issue in your divorce, Kentucky lets you handle your case without a courtroom fight and, in most counties, without appearing before a judge. Three rules control how long it takes:
- one spouse must have lived in Kentucky for 180 days before you file
- the two of you must live apart for 60 days before a judge can sign the divorce decree, and
- if you have children under 18, a separate 60-day clock also applies.
Here, we cover how the process works, what paperwork you'll need, and what to expect at each stage.
What Is an Uncontested Divorce?
An uncontested divorce is one in which a couple has agreed about all the key aspects of their divorce, including:
- how to divide their property and debts
- alimony (known as "maintenance" in Kentucky), and
- custody, parenting time, child support, and health insurance coverage for any minor children of the marriage.
Pros and Cons of an Uncontested Divorce
In a contested divorce, the spouses can't resolve one or more major issues, so a judge decides for them. That takes time, costs more, and can be emotionally draining. In an uncontested divorce, you've settled everything yourselves, so there's no trial. Your main expense is the filing fee, and in most Kentucky counties you won't have to appear in court.
The tradeoff is that it requires complete agreement—one unresolved issue makes your divorce contested. Also, because a Kentucky judge will reject your property and maintenance terms only if they're "unconscionable," an unfair agreement might be allowed to stand. That's one of the best reasons to get professional legal advice before you file.
Do You Need a Lawyer for an Uncontested Divorce?
You probably don't. Many couples go through an uncontested "DIY" divorce without hiring lawyers, handling the paperwork themselves.
But even if you reach adivorce settlement agreement (known as a "separation agreement" in Kentucky) on your own, or with the help of mediation, it's often worth having a family law attorney review it to make sure it's fair and won’t lead to surprises later. In particular, you might want to consider a lawyer if you have complex assets to divide, like retirement accounts or a family business, or if you want to confirm you aren’t giving up rights you didn’t even know you had.
Couples who can't reach a complete agreement must proceed to trial and let a judge decide the contested issues, which adds considerably to the time and cost of divorce.
How Long Does an Uncontested Divorce Take in Kentucky?
Before you can file for divorce in Kentucky, you or your spouse must have lived in the state for at least 180 days. You must have "lived apart" for 60 days before the judge signs the final divorce decree. But the law makes it clear that you can meet the living-apart requirement even if you're both still in the same residence, as long as it's "without sexual cohabitation." (Ky. Rev. Stat. §§ 403.140, 403.170 (2026).)
If you have children under 18, a second 60-day clock applies. It starts when your spouse is served with the papers, signs an entry of appearance, or files a response, whichever comes first, and it runs separately from the 60 days you have to live apart, so the two might not end on the same day. (Ky. Rev. Stat. § 403.044 (2026).)
These time frames are minimums. Your case could take longer—much longer if you end up in a trial.
How to File for an Uncontested Divorce in Kentucky
Once you and your spouse agree on every issue, Kentucky's process moves through three basic steps: filing your petition and other paperwork, officially notifying your spouse of the case, and having a judge review and approve your terms.
Complete the Divorce Petition and Other Forms
One spouse (the "petitioner") starts the case by filing a petition for dissolution of marriage. On the petition, you state the "ground," or legal reason, for the divorce. Kentucky is a purely "no-fault" state, which means the only legal ground is that "the marriage is irretrievably broken," or that there's no reasonable prospect of reconciliation. The petition also asks for information about the marriage, the separation date, the spouses, and any children. (Ky. Rev. Stat. §§ 403.150, 403.170 (2026).)
You’ll need to complete other forms as well, including financial disclosures and, if you have children, forms related to parenting time and support. To learn exactly which forms you need, you can contact the circuit court clerk in the county where you will file (see below).
You could also simplify the process of obtaining the right forms and filling them out by using an online divorce service, which will provide the proper completed forms for your state after you answer a series of questions about your situation.
File and Serve the Divorce Papers
You must file your paperwork with the circuit court clerk in the county where you or your spouse lives. You can file on paper or, if your county supports it for your case type, register to file electronically.
As of July 1, 2026, under a Kentucky Supreme Court order, the filing fee is $188, plus a court technology fee and a small local fee that varies by county. If you can't afford the fee, ask your local court clerk for a fee waiver form, which asks a judge to excuse your court costs.
Your spouse then needs official notice of the case. In an uncontested divorce, the simplest route is for your spouse to sign a Waiver of Service and Entry of Appearance, which skips formal service entirely. Otherwise, you can ask the clerk to serve by certified mail, or pay the sheriff or a private process server to hand-deliver the papers.
Finalizing Your Uncontested Divorce in Kentucky
The judge will review your separation agreement before entering your decree. Your property, debt, and maintenance terms are binding on the court unless the judge finds them "unconscionable." (Ky. Rev. Stat. § 403.180 (2026).) For agreements you've made about custody, parenting time, or child support, the judge independently decides whether the terms serve your children's best interests and follow Kentucky's child support guidelines. (Ky. Rev. Stat. § 403.212 (2026).)
In addition, if there's a history of domestic violence, the judge won't simply sign off on an agreed custody arrangement. Since July 2026, Kentucky law has required courts to make written findings about domestic violence allegations before weighing anything else, and a parent found to have committed two or more acts of domestic violence faces a presumption against joint custody and equally shared parenting time. (Ky. Rev. Stat. §§ 403.270, 403.315 (2026).)
After the agreement passes review, the judge will incorporate it into the decree, and your divorce is final.
Where to Find More Information and Legal Help in Kentucky
You can read the Kentucky Revised Statutes on the Kentucky Legislative Research Commission website. The divorce laws are in Chapter 403.
The Kentucky Court of Justice publishes the divorce forms for free on its Legal Forms page, including the petition, separation agreement, waiver forms, and the proposed decree. This page is somewhat challenging to navigate, so you’ll probably want to ask your circuit clerk exactly which forms you’ll need, then use the search box to find them. Your circuit court clerk can also give you paper copies of the court forms and tell you about any county-specific requirements.
These organizations offer free or low-cost legal help to Kentuckians who qualify:
- Kentucky's four civil legal aid programs, listed by the counties they serve, and
- Kentucky Justice Online, a joint self-help site run by all four programs, with plain-language guides, forms, and a service that lets you post a question to a volunteer attorney.
Plenty of Kentucky couples successfully negotiate uncontested divorces, whether they handle the paperwork themselves, use an online divorce service, or get support from a family law attorney.
