Kentucky Uncontested Divorce: Process, Forms, and Timeline

An uncontested divorce in Kentucky means you and your spouse agree on everything — property division, debt allocation, spousal maintenance, and custody and support if children are involved. When both sides are aligned, many couples finalize without a single courtroom appearance.

But "uncontested" doesn't mean "simple paperwork." Kentucky still requires specific forms filed in a specific sequence, financial disclosures exchanged on deadline, and a mandatory waiting period that runs whether you're ready or not.

What Qualifies as Uncontested

Kentucky doesn't use the word "uncontested" in its statutes. The practical definition: both spouses agree on every issue, sign a written Separation Agreement under KRS 403.180, and submit the case for a final decree without a trial.

The moment either spouse disputes any term — the value of a retirement account, who keeps the house, a parenting schedule — the case shifts to the contested track, which involves case management conferences, discovery, and potentially a trial.

The AOC-252 Packet

For straightforward uncontested cases, the Administrative Office of the Courts provides a bundled form packet (AOC-252) that covers the entire filing through finalization:

• Verified Petition — states residency, marriage date, and irretrievable breakdown
• Waiver of Service (AOC-252.1) — your spouse voluntarily accepts the petition, skipping the sheriff or certified mail
• Separation Agreement (AOC-252.4) — your negotiated terms, signed by both parties before a notary
• Deposition of Petitioner (AOC-252.5) — sworn written testimony that replaces a courtroom hearing in many circuits
• Proposed Decree (AOC-252.6) — the judge signs this to finalize the dissolution
• Motion to Submit (AOC-252.8) — requests the court to enter the final decree

You'll also need a Case Data Information Sheet (AOC-FC-3), the VS-300 vital statistics form, and Preliminary Verified Disclosure Statements (AOC-238) exchanged within 45 days of service.

What It Costs

The base statewide filing fee is $188 as of July 2026 under Administrative Order 2026-15. Local counties add their own library, facility, and technology surcharges on top.

If your spouse signs the Waiver of Service, you avoid sheriff fees ($30-$60) and certified mail costs ($35). That makes the total out-of-pocket for many uncontested cases under $250.

Compare that to online divorce services charging $84-$157 per month in subscription fees — and billing you the entire time your mandatory 60-day waiting period runs.

If you can't afford the filing fee, Form AOC-026 lets you request a fee waiver. The court evaluates your income against the Federal Poverty Guidelines under the Sliding Scale of Indigency.

The Timeline

Without children: If you separated at least 60 days before filing and your spouse signs the Waiver of Service, the case can be submitted for final decree almost immediately. Realistic timeline: 30-60 days from filing.

With children: Even if you've lived apart for years, KRS 403.044 imposes a separate 60-day procedural waiting period that starts on the date of service — not the filing date. Both parents must also complete a parenting education program like Families in Transition before the judge will sign the decree. Realistic timeline: 60-90 days from service.

Both timelines assume the judge reviews your submission promptly. Court backlogs vary by county.

Step-by-Step Process

1. Verify residency — At least one spouse must have lived in Kentucky for 180 continuous days before filing (KRS 403.140). You'll need a third-party credible witness to confirm this under oath.

2. Complete the AOC-252 packet — Fill out every form, redacting Social Security numbers and financial accounts to show only the last four digits per Civil Rule 7.03.

3. File with the Circuit Court Clerk — Submit the packet with your filing fee (or fee waiver motion) at the clerk's office in the county where either spouse resides.

4. Have your spouse sign the Waiver of Service — This is the fastest route. If they won't sign, you'll need certified mail ($35) or sheriff service.

5. Exchange financial disclosures — Both spouses must exchange AOC-238 forms within 45 days of service. File a Notice of Service with the clerk.

6. Wait out the separation period — 60 days of living separate and apart under KRS 403.170. Same-roof separation counts as long as there's no sexual cohabitation.

7. Submit for final decree — File the Motion to Submit (AOC-252.8) with the Deposition of Petitioner, credible witness proof, and proposed decree.

When Uncontested Breaks Down

Watch for these issues that push cases to the contested track:

• One spouse discovers undisclosed assets during AOC-238 exchange
• Disagreement over the value of the marital home or retirement accounts
• A parenting schedule that looked workable on paper doesn't survive the details
• One spouse changes their mind after signing the Separation Agreement (they can withdraw consent before the judge signs the decree)

If any of these happen, you'll need a case management conference and potentially mediation or trial — but that doesn't mean starting over. Your filed petition and disclosures carry forward.

The Kentucky Divorce Filing Process Guide covers both the uncontested and contested tracks with deadline calculators, form completion walkthroughs, and a filing packet checklist — so you're prepared even if your case hits a snag.

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