Contested Divorce

General Information

A contested divorce is a divorce in which you and your spouse do not agree on one or more issues that must be resolved before the Court can enter a final decree. Disagreements commonly involve property division, debt allocation, maintenance (alimony), child custody, timesharing/visitation, child support, or who will pay attorney’s fees. Even if you agree that the marriage should end, the divorce is still “contested” if any of those issues remain unresolved.

Kentucky is a no-fault divorce state. Either spouse may seek a divorce on the ground that the marriage is irretrievably broken. Contested cases focus less on why the marriage is ending and more on how the Court will resolve the parties’ disputes under Kentucky law, including KRS Chapter 403.

If you and your spouse are already in agreement on all issues, you may instead qualify for our uncontested divorce flat-fee process. If you are unsure which path fits your situation, contact our firm and we can help you evaluate the next step.

Purpose/Necessity

Hiring counsel in a contested divorce helps protect your legal and financial interests while the case is pending and at final resolution. An attorney can identify the issues that must be decided, gather and present the facts the Court needs, negotiate where agreement is possible, and advocate for you at mediation or hearing when it is not.

Contested divorces often involve temporary orders while the case is pending—such as temporary custody, timesharing, child support, maintenance, or restraining orders—so that day-to-day arrangements are not left in limbo. See our page on temporary orders for more information.

What the Contested Divorce Process Involves

Although every case is different, a contested divorce in Kentucky generally includes some or all of the following steps:

  1. Petition and response. One spouse files a Petition for Dissolution of Marriage in the appropriate Circuit or Family Court. The other spouse is served and files a Response. Kentucky has a residency requirement: at least one party must have resided in Kentucky for 180 days before filing.
  2. Temporary orders. Either party may ask the Court for temporary relief concerning children, support, use of property, or other urgent issues while the case proceeds.
  3. Disclosure and discovery. The parties exchange financial information and other relevant documents. Formal discovery (interrogatories, requests for production, depositions) may be used when information is incomplete or disputed.
  4. Negotiation and mediation. Many contested issues settle through attorney negotiation or court-ordered mediation. Settlement can resolve some issues even if others remain for the Court.
  5. Hearing or trial. Issues that cannot be settled are presented to the Judge for decision based on Kentucky statutes and the evidence.
  6. Decree and related orders. Once required issues are resolved and statutory waiting periods are satisfied (including separation requirements), the Court enters a decree dissolving the marriage and setting out the parties’ rights and obligations.

Separation does not always require living in different residences, but the parties generally must be separated at filing and for the period required before a decree may be entered. Specific timing and local practice can vary by county.

Frequently Asked Questions

  • How is a contested divorce different from an uncontested divorce?
    • In an uncontested divorce, both spouses agree on all issues and typically complete the case primarily through paperwork, often without a contested hearing. In a contested divorce, one or more issues remain disputed, so the case may involve temporary motions, discovery, mediation, and court appearances. If your case begins as uncontested and later becomes contested, the scope of representation and fees will change accordingly.
  • Do I have to go to court?
    • Often yes, at least for some hearings, if issues remain unresolved. Many cases settle before a full trial, but you should plan on participating in mediation and, if needed, court proceedings. We will prepare you for each appearance and explain what to expect in your county.
  • How long does a contested divorce take?
    • There is no single timeline. Simple disagreements may resolve in a few months; cases involving complex property, business interests, or contested custody can take substantially longer. Deadlines, court calendars, discovery, and how quickly the parties exchange information all affect duration.
  • What will it cost?
    • Contested divorce work is billed at our hourly rates rather than a flat fee, because the amount of attorney time depends on the issues in dispute and the other side’s approach. After we learn the basics of your situation, we can discuss likely next steps and fee arrangements. Filing fees and costs for service, mediation, appraisals, or experts are separate from attorney fees.
  • Can you help if my spouse already filed?
    • Yes. If a Petition has already been filed, we can review the pleadings, advise you on response deadlines, and represent you going forward. Contact us promptly so important timelines are not missed.
  • What if we agree on some issues but not others?
    • Partial agreement is common. Settled issues can often be documented while disputed issues continue through negotiation, mediation, or hearing. Narrowing the fight usually reduces cost and stress.

Legal Services Offered and Cost

Contested Divorce

Legal fees: hourly rate

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