Uncontested vs. Contested Divorce in Kentucky: Simplified Procedures and Mandatory Steps
In Kentucky an uncontested and a contested divorce share the 180-day residence rule and the 60 days of living apart, which can be under one roof. A denial adds a 30 to 60 day continuance, and the court must address custody, support, maintenance and property.
What is the same in an uncontested and a contested Kentucky divorce?
The residence rule and the 60 days of living apart (KRS 403.170(1)). The Kentucky divorce timeline calculator gives the same earliest decree date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Residence | 180 days before filing | 180 days before filing |
| Statement of breakdown | Both parties state it under oath, or one states it and the other does not deny it | One party denies it under oath |
| Waiting period | No decree until the parties have lived apart 60 days | The same 60 days, plus any continuance of 30 to 60 days |
| Conciliation | May be ordered as part of the hearing | May be ordered as part of the hearing |
| Other issues | Considered, approved or provided for | Decided by the court |
What counts as living apart in Kentucky?
Living apart includes living under the same roof without sexual cohabitation (403.170(1)). So spouses who stay in one home can start the 60 days by ending sexual cohabitation, but the statute does not say what proof the court wants, so ask a licensed Kentucky attorney.
What happens if one spouse denies the marriage is broken in Kentucky?
The court considers all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation, and either finds whether the marriage is irretrievably broken or continues the matter for further hearing not fewer than 30 nor more than 60 days later, and may suggest that the parties seek counseling (403.170(2)). A finding of irretrievable breakdown is a determination that there is no reasonable prospect of reconciliation (403.170(3)).
Can the court order a conciliation conference in Kentucky?
Yes, as part of the hearing (403.170(1)).
What must the court address before the decree in Kentucky?
To the extent it has jurisdiction, the court must have considered, approved or made provision for child custody, the support of any child, the maintenance of either spouse and the disposition of property (403.140(1)(d)). An agreed case still needs those matters covered.
Is a hearing required in Kentucky?
Yes. The court, after hearing, makes a finding whether the marriage is irretrievably broken (403.170(1)), so even an agreed case goes before the judge for the finding.
Can the parties live in the same home during the 60 days in Kentucky?
Yes, if they do so without sexual cohabitation (403.170(1)). Keep the facts of the separation clear, because the court looks for them.
Does a Kentucky decree wait for the property agreement?
The court must have considered, approved or made provision for custody, support, maintenance and property (403.140(1)(d)), so the settlement is normally ready by the decree, even though the 60 days of living apart set the earliest date.
What changes in a contested Kentucky divorce?
The court decides what the spouses cannot settle: property under KRS 403.190, maintenance under 403.200 and custody on the child’s best interests. See the Kentucky property division calculator and the Kentucky parenting time calculator. Other sources describe an additional 60-day period from service in cases with minor children under a separate statute that we did not read, so ask the clerk.
Frequently asked questions
Does an uncontested divorce skip the Kentucky 60 days?
No. No decree is entered until the parties have lived apart for 60 days.
Can spouses live together during the Kentucky 60 days?
Yes, under the same roof, but without sexual cohabitation.
Can a Kentucky court order conciliation?
Yes, a conciliation conference can be ordered as part of the hearing.
What if my spouse denies the marriage is irretrievably broken in Kentucky?
The court considers the circumstances and the prospect of reconciliation, and may continue the matter 30 to 60 days.
Must Kentucky decide custody and property before the decree?
The court must consider, approve or provide for custody, support, maintenance and property.
Official sources
- KRS 403.140: court may enter decree of dissolution or separation
- KRS 403.150: commencement of action; pleadings
- KRS 403.170: irretrievable breakdown
- KRS 403.190: disposition of property
- KRS 403.270: custody; best interests; joint custody presumption
- KRS 403.200: maintenance
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Kentucky statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kentucky attorney.