How Long Before a Divorce Is Final in Kentucky?

By Mary Jane Freeman

Often when spouses decide to divorce, they want to get the process over with as soon as possible. In Kentucky, the time it takes to divorce varies and is largely dependent on your individual circumstances. For example, if you have children or cannot agree on the terms of your divorce, obtaining a divorce will take longer. However, if you don't have any children and can reach a marital settlement agreement, a divorce is possible in as little as 60 days.

Often when spouses decide to divorce, they want to get the process over with as soon as possible. In Kentucky, the time it takes to divorce varies and is largely dependent on your individual circumstances. For example, if you have children or cannot agree on the terms of your divorce, obtaining a divorce will take longer. However, if you don't have any children and can reach a marital settlement agreement, a divorce is possible in as little as 60 days.

Waiting Period

Like many states, Kentucky imposes a waiting period on all couples who wish to divorce, and in Kentucky this waiting period is 60 days -- the minimum period a couple must wait before the court will finalize their divorce. If you have children, the court will not issue a divorce decree until at least 60 days have passed from the date you filed for divorce. For couples without children, a divorce may be entered 60 days from your separation date. Thus, it may be possible for non-parent spouses to obtain a divorce shortly after filing if their separation period began before their filing date.

Divorce is never easy, but we can help. Learn More

Contested Vs. Uncontested

A major factor in how long a divorce will take is whether the divorce is contested or uncontested. An uncontested divorce is one in which both spouses are in agreement about the divorce and its terms, including property division, alimony, child support and custody. When spouses are unable to agree on one or more issues, the divorce is contested. With uncontested divorces, spouses submit a marital settlement agreement to the court and are divorced shortly after the waiting period. However, uncontested divorces require more steps.

Contested Divorce Delays

When couples can't agree on the terms of their divorce, the divorce can't proceed until these issues are resolved. To facilitate agreement, a Kentucky court may order the spouses to attend mediation. If spouses still can't reach agreement, the matter will proceed to trial, where the court will make these decisions for them. It can take months or more than a year to receive a divorce through the court system. This depends on a variety of factors, including the court's caseload and the procedures -- called "discovery" -- that each side uses to gather information about their case. Common discovery methods include depositions, which are questions and testimony provided under oath outside of court; interrogatories, which are a list of formal questions sent to the other side for answers; and requests for documents.

Couples With Children

When couples have children, the process of getting divorced is often longer. In addition to the delay caused by the waiting period, divorcing parents must also attend a parenting education class called "Families in Transition." If custody or other issues are in dispute, the court is likely to also order mediation, and eventually a trial if any issues remain unresolved. These additional activities greatly increase the time it takes to divorce. Parents can reduce the time it takes to divorce by working together to create a settlement agreement.

Divorce is never easy, but we can help. Learn More
How Long Does it Take to Complete a Divorce?

References

Related articles

Can You Get Divorced Through a Mediator?

Divorce is a court process in which a judge dissolves the legal bonds of marriage and sets terms for the divorcing couple, such as child custody arrangements, property division and alimony. Mediation helps the couple reach agreement on these terms, but a mediator cannot legally divorce the couple.

How Long Does it Take for a Divorce in Kansas

Divorce cases can vary from quick and smooth when spouses agree to long and difficult when they don’t. A Kansas divorce can take anywhere from two months for an uncontested case to a year or more for a contested case. If you and your spouse can reach agreement on most of the terms of your divorce, the process will usually be quicker and less expensive.

The Waiting Period Between a Divorce Filing & a Hearing in Kansas

If you or your spouse has lived in Kansas for the previous 60 days, you are eligible to file for divorce in the state. A divorce action is commenced by completing and filing a petition for divorce with the district court in the county in which you or your spouse lives. In most cases, you must wait at least 60 days after filing before a divorce will be granted. The exact length of time it will take before you will be able to schedule a final hearing in your case will depend on the complexity of the issues involved and whether you and your spouse can agree to some or all of the terms.

Get Divorced Online

Related articles

Is it Normal for the Financial Part of a Divorce to Drag on for Years?

When a couple agrees on the terms of their divorce, they can divorce as quickly as a few weeks, depending on state law. ...

Are Legal Separation Papers Necessary in North Carolina?

In most states, spouses must address the terms of their divorce at the same time they end their marriage, but North ...

How Long Does Divorce Take in Michigan if You Have No Children?

Establishing custody and support for a minor child can be a time-consuming aspect of the divorce process. These matters ...

What Is the Process for Getting a Divorce in GA?

Most states share similar divorce procedures. In all jurisdictions, a complaint for divorce is required to begin the ...

Browse by category