Understanding the “Cooling-Off Period” in a Kentucky Divorce

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Divorce is never easy. Emotions run high. Life changes fast. But Kentucky law adds a pause in the process, a mandatory “cooling-off period.” It is designed to give couples time to reflect and possibly reconsider before finalizing a divorce.

If you’re considering or going through a divorce in Kentucky, it’s important to understand what this period is, how long it lasts, and how it may affect your timeline.

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What Is the Cooling-Off Period?

In Kentucky, couples without children are required to wait a minimum of 60 days from the filing of the divorce petition before the court can grant the final divorce.

If the couple has minor children together, the rule is different. The court must wait at least 60 days from the date of separation, not just the filing date, before a divorce can be granted. During that time, the court may also order counseling or mediation if it believes reconciliation is possible or if it is in the best interest of the children.

Think of the cooling-off period as a legal pause. It is designed to avoid impulsive choices and give both parties time to consider their options fully. Sometimes, couples do change their minds. Other times, it simply gives everyone time to settle practical issues like finances, property division, or parenting schedules.

When Does the 60 Days Start?

For couples without children, the 60-day clock starts ticking when the petition is filed with the court.

For couples with children, Kentucky law requires that the spouses live apart for at least 60 days. This does not necessarily mean living in two separate homes. Courts have accepted situations where the couple lived under the same roof but slept in separate rooms and functioned independently. Still, it is best to clearly document the separation period.

What Occurs During the Waiting Period?

While the divorce cannot be finalized during this time, a lot can happen.

Couples often use this time to:

  • Negotiate property division
  • Discuss child custody and visitation
  • Set temporary spousal or child support
  • Participate in mediation or counseling
  • Gather financial documents
  • Work with attorneys to draft a settlement agreement

Temporary orders can be requested during this period to address urgent matters like who stays in the home, who pays which bills, or where the children will live.

Can the Cooling-Off Period Be Waived?

Kentucky law does not allow courts to waive the 60-day waiting period, even if both spouses agree to the divorce and all terms are settled quickly. This is a firm rule in the state, even in uncontested divorces.

We get it. The wait can be frustrating. But the cooling-off period is legally required, and courts won’t finalize a divorce until it passes.

young couple is speaking about divorce

Why It Matters

Understanding the timing of your divorce helps you plan more effectively. Whether you are the one filing or responding, knowing there is a mandatory delay allows you to use that time wisely.

If children are involved, it is also a good time to begin preparing for co-parenting. Think about schedules, communication, and how to help your kids adjust. If there are no children, the time is still helpful for reviewing financial accounts, real estate decisions, and future goals.

Talk To a Kentucky Divorce Attorney Today

Even though the cooling-off period is automatic, every divorce is unique. At Hoffman Walker & Knauf, we help you make the most of that time. From negotiating fair terms to navigating custody concerns, our team works to keep your divorce moving forward with care and clarity.Want to know how the cooling-off period applies in your case? Contact us today to speak with our team.