Is there a waiting period to get a divorce in Kentucky?


A common question those considering divorce in Kentucky ask is regarding time frame. How long will it take me to get a divorce? Each case has a different timeline depending on the assets involved, number of legal issues, and a whole variety of other factors. It is unlikely your divorce will have a definite conclusion date with absolute certainty. However, if everything in your divorce is resolved very quickly there are two “waiting periods” that may be of significance.

First, KRS 403.170 prevents a Court from issuing a decree of dissolution “until  the  parties  have lived  apart  for  60  days.” Even if you are still living under the same roof, you may be considered separated for the purposes of this statute.  

Second, if you have minor children KRS 403.044 prevents the Court from hearing matters other than testimony on temporary motions until “sixty (60) days have  elapsed  from  the  date  of  service  of  summons,  the  appointment  of  a  warning  order attorney or the filing of an entry of appearance or a responsive pleading by the defendant, whichever occurs first.” If you have come to an agreement resolving all issues in your divorce, including custody and parenting time, very quickly this “waiting period” might come into play. Thus, the KRS 403.044 prevents a Court from issuing a decree of dissolution until 60 days have elapsed from the date the response to the petition was filed or date of service of a summons.

There are certain time restrictions on the divorce process in the Commonwealth of Kentucky. If you are interested in learning more about how these might impact your specific case, consider consulting with an attorney.

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