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Guide to Uncontested Divorce in Kentucky

December 23, 2025

Uncontested / Simple Divorce in Kentucky: A Plain-English Guide

Ending a marriage is never easy, but it does not always have to involve a long, expensive court battle. Many couples in Kentucky are able to complete a simple, uncontested divorce, especially when they agree on the major issues and are willing to work together on paperwork.

In Kentucky, divorce is officially called a dissolution of marriage. If you are researching a Kentucky DIY divorce, you will quickly see “insider” terms that matter to real filers, such as:

  • Petition for Dissolution of Marriage (commonly found in the Kentucky AOC divorce packet series, often referenced as AOC-252)
  • Entry of Appearance and Waiver (AOC-252.1) to avoid formal service when the other spouse cooperates
  • Mandatory Case Disclosure forms (often referenced as AOC-238 / AOC-239)
  • Certificate of Dissolution of Marriage for vital statistics (AOC-250)
  • The “no-hearing” paperwork path using a filed Deposition of Petitioner (AOC-252.5) plus a Motion to Submit for Final Decree (AOC-252.8)

This guide explains how an uncontested divorce in Kentucky works, who qualifies, the basic steps, typical timelines, and what it might cost. It also shows where a DIY Kentucky divorce and a self-help kit can fit into the process.

Important disclaimer: PlainDivorce is not a law firm. Nothing in this guide is legal advice. It is legal information only. Court rules, forms, and fees change over time. Always confirm details with official Kentucky court resources or your local Circuit Court Clerk before you act on anything you read here.

Table of Contents

uncontested divorce in Kentucky

1. What Is an Uncontested or Simple Divorce in Kentucky?

Under Kentucky law, divorce is called a dissolution of marriage. The statutes do not create a separate “simple divorce” procedure. Instead, an uncontested or simple divorce is a practical description of a case where spouses reach agreement so the court does not have to decide disputed issues.

An uncontested divorce in Kentucky usually means:

  • Both spouses agree the marriage is over and is “irretrievably broken.”
  • They sign a written Separation Agreement / Property Settlement Agreement (often referenced in AOC packets, including AOC-252.4).
  • They agree on whether anyone will pay maintenance (spousal support), and if so, how much and for how long.
  • If there are minor children, they agree on custody (decision making), parenting time, and child support.
  • The paperwork is complete, including financial disclosures many Kentucky filers struggle with: Mandatory Case Disclosure (often referenced as AOC-238 / AOC-239).

By contrast, a contested divorce is a case where you do not agree on one or more major issues. The court may need hearings (or a trial) to decide them. Contested cases usually take longer and cost more.

2. Who Qualifies for an Uncontested Divorce in Kentucky?

2.1 Residency Requirements (the 180-day rule)

To file for dissolution of marriage in Kentucky, the court must have jurisdiction. In general, Kentucky requires that one spouse has been a Kentucky resident (or stationed in Kentucky as active military) for at least 180 days before filing.

You usually file in Circuit Court (often a Family Court division where available) in the county where you or your spouse lives. Local rules and clerk procedures can vary, so always check your county’s current requirements.

2.2 No-fault grounds + the 60-day separation rule (this is not the same as a “waiting period”)

Kentucky is a no-fault divorce state. The core idea is that the marriage is irretrievably broken.

Here is the nuance that confuses many DIY filers: Kentucky generally requires that the parties have lived apart for at least 60 days before the court can enter a decree. In Kentucky, “living apart” can include living under the same roof as long as you are not having sexual relations. That can be very different from states that use a simple “waiting period after filing.”

Timeline: 180-day residency (must be met before filing) → file the case (opens the court action) → 60-day separation (must be met before the decree is entered; in some situations, living under the same roof may still qualify if there is no sexual cohabitation).

2.3 When your case is a good fit for uncontested divorce

  • You both agree the marriage is over and want a dissolution.
  • You can communicate safely and reasonably.
  • You can exchange financial information honestly (income, debts, property).
  • You can sign and follow a written Separation Agreement / Property Settlement Agreement.
  • If you have children, you can agree on parenting and support terms that a judge can approve.

2.4 When uncontested may not be appropriate

  • Domestic violence, stalking, threats, or serious intimidation.
  • Hidden money, refusal to disclose income/assets, or pressure to sign quickly.
  • Complex property (business ownership, multiple real estate parcels, major retirement assets).
  • Major disputes about children, relocation, or safety.
  • Serious immigration, disability, or tax consequences tied to divorce terms.

In these situations, it is usually worth getting advice from a Kentucky family law attorney or legal aid office before you try to do everything DIY.

3. Step-by-Step Overview of the Uncontested Divorce Process

Step 1 – Confirm you qualify (and track the two key clocks)

  • Does at least one spouse meet the 180-day Kentucky residency rule?
  • Have you met (or will you meet) the 60-day separation requirement before the judge signs the decree?
  • Do you truly have (or can you realistically reach) full agreement on property, debts, children, and support?

Step 2 – Write your Separation Agreement / Property Settlement Agreement

Most uncontested dissolutions rely on a signed written agreement. At a minimum, you want clear terms for:

  • Property – house, vehicles, bank accounts, retirement, personal property
  • Debts – credit cards, loans, medical bills, taxes
  • Maintenance (spousal support) – if any, amount and duration
  • Children (if any) – parenting time schedule, decision making, and child support

In an uncontested case, the judge generally reviews your agreement to ensure it appears voluntary and not obviously unfair. For child-related terms, the court must also consider the children’s best interests.

Step 3 – Prepare the “must-know” forms (include the AOC numbers people search for)

Exact forms can vary by county and whether you have children, but many Kentucky DIY filers commonly see these items in the AOC packet series:

  • Petition for Dissolution of Marriage (often referenced within the AOC-252 divorce packet series)
  • Entry of Appearance and Waiver (AOC-252.1) when the respondent cooperates and wants to waive formal service
  • Separation Agreement (AOC-252.4) or a substantially similar written settlement agreement
  • Mandatory Case Disclosure (often referenced as AOC-238 / AOC-239)
  • Certificate of Dissolution of Marriage for vital statistics (AOC-250)

Important: Some disclosure materials are exchanged between spouses rather than filed immediately, and counties can have local cover sheets or local scheduling steps. Always read the current instructions for your county.

Step 4 – File your case with the Circuit Court Clerk

  • File in the proper county Circuit Court (Family Court division where applicable).
  • Pay the filing fee, or ask about a fee waiver/deferral if you qualify.
  • Get your case number and use it on every document going forward.
  • Keep copies of everything you file.

Step 5 – Service (or avoid service with a waiver)

If your spouse is cooperative, many uncontested cases use an Entry of Appearance and Waiver (AOC-252.1). This tells the court the respondent received the petition, waives formal service, and submits to the court’s jurisdiction. It can save time and service fees.

If your spouse will not sign a waiver, you must arrange proper service of process (such as sheriff service or another method allowed by your court).

Step 6 – Complete disclosures and any parenting education requirements (if children)

During this stage, you may be completing Mandatory Case Disclosure (often referenced as AOC-238 / AOC-239) and exchanging supporting documents. If you have minor children, your county or judge may also require a parenting education program. Ask your clerk (or check local rules) for the program required in your county.

4. How Some Kentucky Couples Finalize Without a Hearing (The Deposition + Motion to Submit)

Many people search “How do I get divorced in Kentucky without going to court?” The most important detail is this: in many Kentucky uncontested cases, you do not just “request” a paper review. You typically need a written deposition plus a motion that submits the case for the judge’s signature.

The written proof: Deposition of Petitioner (AOC-252.5)

Kentucky AOC divorce packets commonly include a Deposition of Petitioner (AOC-252.5). This is sworn testimony in written form. It is one of the tools used to provide the court with proof that the marriage is irretrievably broken and that required facts are satisfied.

The trigger: Motion to Submit for Final Decree (AOC-252.8)

Filing your petition and agreements is often not the final step. Many DIY cases stall because nothing “pushes” the file to the decision-maker. A common form in the Kentucky AOC packet series is the Motion to Submit for Final Decree (AOC-252.8), which asks the court to take up the uncontested file for entry of the final decree.

Practical tip: Procedures vary by county. Some counties use a Master Commissioner process, and some judges require additional steps. The safest approach is to check your county’s local instructions and ask the clerk what the court requires to submit an uncontested case for final action.

5. Special Issues When You Have Children

When there are minor children, the court’s job is to make sure your arrangements are in the children’s best interests. That is true even in an uncontested Kentucky dissolution.

  • Stability and safety – safe housing and predictable routines.
  • Clear schedule – weekdays, weekends, holidays, transportation, exchanges.
  • Decision making – how major decisions (school/health/religion/activities) will be handled.
  • Child support – generally consistent with Kentucky guidelines and supported by accurate income information.

6. How Long Does an Uncontested Divorce Take in Kentucky?

Kentucky timelines confuse people because there are two different time rules that apply at different stages:

  • 180-day residency – must be satisfied before you file.
  • 60-day separation – must be satisfied before the decree is entered (and can include living under the same roof without sexual cohabitation).

If paperwork is complete and both spouses cooperate, many uncontested cases finish in a few months. Delays often happen when financial disclosures are incomplete, the settlement agreement has gaps, the vital-statistics certificate is missing, or the court’s calendar is backed up.

7. What Does an Uncontested Divorce Cost?

Costs vary by county and can change over time. Common expenses include:

  • Filing fees – set and collected by the Circuit Court Clerk (confirm your county’s current amount).
  • Service costs – sheriff/process server/certified mail (often avoided if the respondent signs an Entry of Appearance and Waiver).
  • Notary and copies – many divorce documents require notarization and multiple copies.
  • Certified copies of the final decree (optional but commonly needed).
  • Possible Master Commissioner-related fees in counties that route cases through a commissioner process (ask your clerk what applies in your county).

If you cannot afford court costs, ask your Circuit Court Clerk about the process for requesting a fee waiver or deferral.

8. When a DIY Divorce Might Not Be Right for You

DIY divorce is not right for everyone. You should strongly consider getting legal help if:

  • There is domestic violence, stalking, threats, or serious emotional abuse.
  • You feel afraid or pressured to sign paperwork or accept terms quickly.
  • You believe your spouse is hiding income, assets, or debts.
  • You own a business, multiple homes, or complex investments together.
  • There are major immigration, disability, or tax issues tied to your divorce terms.
  • You are being asked to sign a very one-sided settlement you do not understand.

9. Where a Self-Help Divorce Kit Fits Into the Process

A self-help Kentucky divorce kit is not a substitute for legal advice, but it can make the process clearer and less stressful for people who are good candidates for an uncontested case.

A well-structured kit can help you:

  • Track the two key clocks (180-day residency and 60-day separation).
  • Stay organized with step-by-step checklists and deadlines.
  • Understand the “named” paperwork Kentucky filers run into, such as Mandatory Case Disclosure (AOC-238/AOC-239), the vital-statistics certificate (AOC-250), and the submission step (AOC-252.8).
  • Avoid common mistakes (missing signatures, inconsistent financial info, unclear parenting schedules, missing vital-statistics paperwork).
Download Our Kentucky Uncontested Divorce Self-Help Kit

10. Final Thoughts and Next Steps

Facing a divorce is stressful, but a simple, uncontested divorce in Kentucky can be manageable when both spouses are cooperative and informed. Many people complete a Kentucky dissolution without full attorney representation when the case is straightforward and the paperwork is handled carefully.

Your next steps might be:

  • Confirm the 180-day residency requirement is satisfied.
  • Track the 60-day separation requirement (including the “same roof without sexual relations” nuance).
  • Work out and sign a clear Separation Agreement / Property Settlement Agreement.
  • Gather financial documents so Mandatory Case Disclosure is complete and consistent.
  • Ask your clerk what your county requires to submit an uncontested case for final action (including whether a Deposition of Petitioner and Motion to Submit are used in your court).
  • If anything feels unsafe or complex, schedule a short consult with a Kentucky attorney or legal aid office.

Remember: PlainDivorce is not a law firm and cannot give you legal advice. This guide is here to help you understand the big picture of uncontested divorce in Kentucky so you can ask better questions, feel more prepared, and decide whether a DIY route is right for you.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.