Kentucky Dissolution When Your Spouse Won't Cooperate (2026)

Kentucky does not require your spouse's consent or cooperation. File the Petition, serve them, and proceed. If they don't respond, you can obtain a default judgment after the 60-day waiting period.

Filing Without Cooperation

1. File the Petition for Dissolution of Marriage (AOC-238.1) — no cooperation needed
2. Serve the Respondent
3. Wait 60 days from filing
4. If Respondent does not respond: proceed to default
5. If Respondent responds but won't agree: proceed to contested dissolution

Service of Process in Kentucky

Option 1 — Acceptance of Service (Preferred for cooperative spouses): Even a minimally cooperative spouse may agree to sign the Acceptance of Service (AOC-238.3). This waives formal service and is the simplest approach.

Option 2 — Certified Mail: Send the Petition and Summons via certified mail, return receipt requested, to the Respondent's last known address. The signed green card serves as proof of service.

Option 3 — Sheriff/Process Server: Request service from the county sheriff or hire a private process server. Sheriff personally serves the Respondent. Proof of service is filed with the court.

Option 4 — Warning Order Attorney (Constructive Service): If the Respondent's location is unknown:

1. File an Affidavit of Unknown Address
2. Court appoints a Warning Order Attorney
3. Warning Order published in a local newspaper
4. Limited decree may be entered after publication — but personal property, maintenance, and custody may need personal service

Temporary Orders

During the dissolution proceedings, file a Motion for Temporary Orders if needed:

• Temporary maintenance (spousal support during the case)
• Use of the marital home
• Division of marital expenses during the case
• Protection orders (if domestic violence)

Default Judgment Process

If the Respondent is properly served and fails to respond within 20 days (personal service) or 30 days (mail):

1. File a Motion for Default Judgment after the response deadline passes
2. Attach an Affidavit of Default
3. The 60-day waiting period still applies — cannot enter default decree before Day 60
4. File your proposed Decree and Separation Agreement
5. Brief hearing may be required for default cases (verify with your Circuit Court Clerk)
6. Judge enters Decree of Dissolution of Marriage

Contested Dissolution

If the Respondent participates and disputes issues:

1. Respondent files a Response
2. Both parties exchange Financial Disclosures (AOC-239.1)
3. Discovery: depositions, requests for financial documents
4. Mediation: many Kentucky Circuit Courts require mediation before trial
5. Trial if no settlement
6. Judge issues Findings of Fact and Conclusions of Law, followed by Decree

Last reviewed: March 2026 | 60-day wait applies even for default | Warning Order Attorney for unknown location | Temporary orders available during the case | courts.ky.gov/forms

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.