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Divorce Waiting Period in Kentucky

In Kentucky, a divorce decree cannot be entered until the spouses have lived apart for 60 days, and living under the same roof without sexual cohabitation counts as living apart.

Last checked . General information, not legal advice.

Kentucky at a glance

Waiting period
60 days of living apart before decree
No decree until spouses have lived apart 60 days. With minor children, no testimony for 60 days after service or appearance.
Separation required
Yes, 60 days
Living under the same roof without sexual cohabitation counts as living apart.

Sources

Last checked

The rules in Kentucky

How long is the waiting period before a divorce can be finalized in Kentucky?

Waiting period in Kentucky: 60 days of living apart before decree. No decree until spouses have lived apart 60 days. With minor children, no testimony for 60 days after service or appearance.

Do spouses have to live apart before a no-fault divorce in Kentucky?

Separation required in Kentucky: Yes, 60 days. Living under the same roof without sexual cohabitation counts as living apart.

Where do the Kentucky divorce waiting periods come from?

The rules above come from Ky. Rev. Stat. 403.170 and Ky. Rev. Stat. 403.044. Each source is linked on this page. We last checked them in October 2026.

Good to know

In divorces involving minor children of the marriage, no testimony other than on temporary motions may be heard until 60 days after service of summons, appointment of a warning order attorney, or the defendant's appearance or responsive pleading, whichever comes first.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.