Understanding the two paths to ending a marriage in the Commonwealth — and how to determine which one applies to your situation.
When a marriage ends in Kentucky, the process generally follows one of two paths: uncontested or contested. The distinction does not depend on who wants the divorce or why — Kentucky is a no-fault divorce state, meaning either spouse can file by stating that the marriage is "irretrievably broken" under KRS 403.170. Instead, the difference comes down to whether you and your spouse can reach agreement on every issue the court needs to resolve before granting the divorce decree.
The path your divorce takes has significant implications for how long the process will last, how much it will cost, and how much control you retain over the outcome. This page explains both types in detail so you can make an informed decision about your next steps.
An uncontested divorce occurs when both spouses agree on every issue involved in dissolving the marriage. That includes:
In an uncontested divorce, both parties sign a Separation Agreement (also called a Marital Settlement Agreement) that memorializes these terms. The agreement is submitted to the court for approval. Because there are no disputes for the judge to resolve, the process is faster, less expensive, and far less adversarial.
Even in an uncontested divorce, Kentucky's mandatory 60-day waiting period still applies. The court cannot finalize the divorce until at least 60 days have passed from the date the respondent was served or entered an appearance.
A contested divorce arises when the spouses cannot agree on one or more issues. The disagreement might involve a single matter — such as who gets the family home — or it might extend across every aspect of the divorce. Common sources of contention include:
When agreement cannot be reached, the court steps in to decide. This involves a formal litigation process that includes discovery (exchanging financial documents and other information), potentially depositions, mediation, and ultimately a trial if the parties still cannot settle.
| Factor | Uncontested | Contested |
|---|---|---|
| Timeline | Typically 60–90 days after filing | Several months to over a year |
| Cost | Lower — limited attorney time and no trial | Significantly higher — discovery, hearings, and potential trial |
| Complexity | Straightforward — agreement drafted and submitted | Complex — formal litigation procedures required |
| Court Appearances | Usually one brief final hearing | Multiple hearings, possible trial |
| Privacy | Greater — fewer public filings and hearings | Less — testimony and evidence become part of public record |
| Control Over Outcome | High — both spouses shape the terms | Lower — a judge makes the final decisions |
| Emotional Impact | Generally less stressful and adversarial | Often more stressful due to prolonged conflict |
| Attorney’s Role | Drafts agreement, reviews terms, represents at final hearing | Full litigation — discovery, negotiation, mediation, trial advocacy |
A divorce that begins as uncontested does not always stay that way. Several circumstances can cause an initially cooperative process to shift into contested territory:
If your uncontested divorce becomes contested, it does not mean you have failed. It simply means the process needs to adapt. An experienced attorney can help you navigate this transition and work toward resolution.
Regardless of whether your divorce is contested or uncontested, Kentucky law imposes a mandatory 60-day waiting period under KRS 403.044. The court cannot enter a final decree of dissolution until at least 60 days have elapsed from the date the respondent was served with the petition or entered a voluntary appearance.
This waiting period serves as a cooling-off period — the legislature’s recognition that the decision to end a marriage should not be made hastily. For uncontested divorces, this is often the primary factor determining the minimum timeline. For contested divorces, the 60-day period is usually far shorter than the actual duration of the case.
There are no exceptions to this waiting period in Kentucky. Even if both spouses are in complete agreement and the settlement agreement is ready to file, the court must wait the full 60 days.
One spouse (the petitioner) files a Petition for Dissolution of Marriage in the Circuit Court of the county where either spouse resides. The petition states that the marriage is irretrievably broken under KRS 403.170 and provides basic information about the marriage, children, property, and debts.
The other spouse (the respondent) must be formally notified of the divorce filing. In an uncontested case, the respondent typically signs an Entry of Appearance and Waiver of Service, acknowledging receipt of the petition and waiving formal service of process. This saves time and the cost of hiring a process server or sheriff.
Both spouses work with their respective attorneys (or a single attorney representing one party while the other reviews independently) to draft a comprehensive Separation Agreement. This document addresses every issue: property division, debt allocation, child custody and visitation, child support, and spousal maintenance. Both parties must sign the agreement.
The signed settlement agreement, along with any required financial disclosures and proposed parenting plan (if children are involved), is filed with the court. The judge reviews the documents to ensure the agreement is fair and that the interests of any minor children are protected.
After the 60-day waiting period has passed, the court schedules a brief final hearing. In many uncontested cases, only the petitioner and their attorney need to attend. The judge asks a few standard questions to confirm the marriage is irretrievably broken, verifies residency, and reviews the settlement agreement. If everything is in order, the judge enters the Decree of Dissolution, and the divorce is final.
The process begins the same way — one spouse files a Petition for Dissolution of Marriage in Circuit Court. The petition identifies the issues in dispute and may request temporary orders for custody, support, or use of the marital home.
In a contested divorce, the respondent is formally served through a process server, sheriff, or certified mail. The respondent then has 20 days to file a response (Answer) to the petition.
Either party may request temporary (pendente lite) orders to address urgent matters while the divorce is pending. These may include temporary custody arrangements, temporary child or spousal support, exclusive use of the marital home, or restraining orders to prevent dissipation of marital assets.
Discovery is the formal process of exchanging information between the parties. This may include:
Discovery can be the most time-consuming and expensive phase of a contested divorce, particularly when complex assets or allegations of hidden income are involved.
Many Kentucky courts require or strongly encourage mediation before a case proceeds to trial. Mediation is a structured negotiation process where a neutral third-party mediator helps the spouses work toward agreement. Mediation is often successful — many contested divorces settle at this stage, which is far less expensive and time-consuming than going to trial.
If mediation does not resolve all issues, the court schedules a pre-trial conference where the judge and attorneys discuss the remaining disputes, establish a trial timeline, and explore any last opportunities for settlement.
At trial, each side presents evidence and witnesses to support their position on the disputed issues. The judge hears testimony, reviews exhibits, and makes rulings on property division, custody, support, and any other unresolved matters. Kentucky divorce trials are heard by a judge — there is no jury.
After trial, the judge enters a Decree of Dissolution and Findings of Fact and Conclusions of Law that set forth the court’s decisions on all issues. This decree is a binding court order.
The cost of divorce varies significantly depending on which path your case follows. While every situation is unique, understanding the general cost factors can help you plan.
An uncontested divorce is typically the most affordable option. Costs generally include:
Contested divorces are significantly more expensive due to the additional legal work required:
The longer a contested divorce takes, the more it costs. This is one of the strongest reasons to pursue settlement whenever possible — even in cases that begin as contested.
Choosing between a contested and uncontested divorce is not always a straightforward decision. Here are some factors to consider:
It is important to understand that most contested divorces settle before trial. The litigation process itself — particularly discovery and mediation — often creates enough clarity and motivation for the parties to reach agreement. Starting as contested does not mean you will necessarily go to trial.
Attorney Ashley Larmour handles both contested and uncontested divorces in Georgetown, Scott County, and throughout Central Kentucky. Her approach focuses on protecting your interests while pursuing the most efficient resolution possible.
For uncontested divorces, Ashley drafts comprehensive settlement agreements that address every issue and stand up to court scrutiny. She ensures that your rights are protected even in a cooperative process — because an agreement that is not thorough can cause problems for years to come.
For contested divorces, Ashley provides vigorous advocacy through every phase of litigation. She is experienced in discovery, negotiation, mediation, and trial practice. Even in contested cases, she actively looks for opportunities to resolve disputes through negotiation, which saves you time, money, and emotional energy.
Regardless of which path your divorce takes, Ashley’s goal is the same: to help you move forward with a fair outcome that protects your interests and, if children are involved, prioritizes their well-being.
If you are considering divorce and are unsure which path is right for your situation, a $175 consultation can provide the clarity you need. Ashley will review the facts of your case, explain your options, and help you develop a strategy.
Contact Larmour Law Offices to discuss your options and understand the best approach for your situation.
Schedule a Consultation Call: 859-813-5614