How Long Does a Divorce Take When My Spouse Won't Cooperate?

The decision to end a marriage is never easy, but the process becomes exponentially more difficult and stressful when one spouse actively works to obstruct it. You may be ready to move forward, but your spouse’s refusal to engage, sign papers, or provide necessary information can make you feel trapped in a state of indefinite limbo. This deliberate non-cooperation is not just frustrating; it is a strategic delay tactic that directly impacts the timeline, emotional toll, and financial cost of your divorce.

Navigating a contested divorce requires a methodical and resilient approach.

What Is the Difference Between a Contested and an Uncontested Divorce?

The first step is to recognize the type of case you are facing. Divorces in Kentucky fall into one of two categories, and the path each one takes is dramatically different.

Uncontested Divorce: This is the ideal and fastest route. In an uncontested divorce, both spouses agree on all major issues, including the division of property and debt, child custody and support, and spousal maintenance (alimony). They work together to prepare and sign a settlement agreement, which is then submitted to the court for approval.
Contested Divorce: A divorce becomes contested the moment there is a disagreement on any single issue. If your spouse refuses to cooperate, your divorce is, by definition, contested. Even if they do not explicitly state they disagree with a proposal, their refusal to participate forces the matter into the court system for resolution by a judge.

An uncooperative spouse transforms a legal process that could take a few months into one that will almost certainly take much longer. The entire framework of the case shifts from collaborative settlement to a formal legal process involving deadlines, motions, and potentially a court trial.

What Are Kentucky’s Mandatory Divorce Timelines?

Kentucky is a “no-fault” divorce state, which means you do not have to prove that your spouse did something wrong (like adultery or abandonment) to get a divorce. You only need to state that the marriage is “irretrievably broken.”

However, the law does impose a mandatory waiting period. Under Kentucky Revised Statute (KRS) 403.170, the parties must have lived apart for 60 days before a judge can grant a final Decree of Dissolution of Marriage. “Living apart” can include living under the same roof without sexual cohabitation. This 60-day period is the absolute minimum timeline for any divorce in the state. For an uncooperative spouse, this is merely the starting point of a much longer journey.

How Does a Spouse’s Lack of Cooperation Delay the Divorce?

An uncooperative spouse has numerous opportunities to slow down the legal process. Their actions (or inactions) create delays at nearly every stage, requiring your attorney to take additional legal steps to compel the case forward.

Common delay tactics include:

Avoiding Service of Process: After you file the Petition for Dissolution of Marriage, a copy must be officially “served” on your spouse. A difficult spouse may dodge the sheriff or private process server, refusing to answer the door or accept the documents. This initial step can take weeks or even months to resolve.
Refusing to Respond: Once served, a spouse has 20 days to file a formal response with the court. An uncooperative spouse may simply ignore this deadline, forcing your attorney to file a motion for a default judgment.
Obstructing Financial Discovery: This is one of the most significant areas for delay. Both parties are required to provide complete and honest disclosure of all assets, debts, and income. An uncooperative spouse might refuse to provide documents, hide assets, or give incomplete information.
Filing Frivolous Motions: A spouse intent on causing delays can file numerous unnecessary motions with the court, each of which requires a formal response from your attorney and may require a hearing, clogging up the court’s calendar and your timeline.
Contesting Every Issue: From the division of household furniture to the parenting schedule for a holiday, a non-cooperative spouse can turn every minor point into a major battle that requires judicial intervention.
Violating Court Orders: If a judge issues temporary orders for child support or parenting time, a difficult spouse may refuse to follow them, requiring your attorney to file a motion for contempt.

Each of these actions requires a legal counter-action, and each step adds time and expense to your case.

What Are the Stages of a Contested Kentucky Divorce?

Because your spouse is uncooperative, you must prepare for the formal contested divorce process. This journey is structured to ensure both parties have a chance to be heard and that all issues are resolved fairly under Kentucky law, but it is not quick.

The typical stages include:

Filing the Petition for Dissolution of Marriage: Your attorney prepares and files this initial document with the family court in the appropriate county.
Service of Process: As mentioned, your spouse must be formally served. If they evade service, your attorney may need to ask the court for permission to serve them in an alternative way, such as through a warning order attorney.
Case Management Conference: The court may schedule an initial conference to set deadlines for the case.
The Discovery Process: This is the formal information-gathering stage and is often the longest part of a contested divorce. It involves legal tools like interrogatories (written questions), requests for production of documents (financial records, etc.), and depositions (sworn out-of-court testimony). Delays here are common when one party is uncooperative.
Temporary Orders Hearing: If immediate issues like child custody, child support, or who lives in the marital home need to be decided while the divorce is pending, your attorney will request a hearing for temporary orders. The judge’s decision becomes a legally binding court order.
Mediation: Most Kentucky family courts require couples to attend mediation with a neutral third-party mediator to try and resolve their issues outside of court. This is a required step even if you believe your spouse will not negotiate in good faith.
Trial: If mediation fails and any issues remain unresolved, the case will be set for a final trial. Both sides will present evidence and testimony, and a family court judge will make the final decisions.
Final Decree of Dissolution of Marriage: After the trial, or after a settlement is reached, the judge signs the final decree, which legally ends the marriage and finalizes all orders regarding property, support, and children.

A difficult spouse can add weeks or months to each of these stages. What could be a simple exchange of documents becomes a formal legal battle requiring motions and hearings to force compliance.

Why Is Financial Discovery Such a Major Hurdle?

Disputes over money are at the heart of many divorce delays. Kentucky law requires an equitable division of all “marital property”—assets acquired during the marriage. To achieve this, the court must have a complete picture of the couple’s finances.

An uncooperative spouse may try to disrupt this by:

Refusing to provide bank statements, tax returns, or pay stubs.
Claiming documents are “lost.”
Undisclosed transfer of funds to hide money.
Failing to disclose bonuses, commissions, or other forms of income.
Providing undervalued appraisals of assets like a business or real estate.

When this happens, your attorney must use legal tools to get the information. This can involve filing a Motion to Compel, which asks a judge to order your spouse to produce the documents. If they still refuse, they can be held in contempt of court. Your attorney may also need to issue subpoenas directly to banks, employers, and other financial institutions to get the records, a process that adds significant time and legal fees to your case.

How Do Child Custody Disputes Impact the Timeline?

When children are involved, the stakes are higher, and the potential for delays increases. Kentucky courts make all custody decisions based on the “best interests of the child” standard. An uncooperative parent can complicate this process immensely.

Delays in custody matters can arise from:

Refusing to agree to a reasonable temporary parenting schedule.
Making false allegations of abuse or neglect to gain an advantage.
Alienating the children from the other parent.
Refusing to participate in a custody evaluation.

If parents cannot agree, a judge may appoint a Guardian Ad Litem (GAL) to represent the children’s best interests or order a formal custody evaluation by a trained professional. These investigations are thorough and involve interviews with both parents, the children, and others like teachers or counselors. While essential for protecting the children, these necessary steps can add many months to the divorce timeline.

What Legal Tools Can Force a Divorce to Move Forward?

The law anticipates non-cooperation and provides remedies to prevent a case from stalling forever. Your attorney can file several types of motions to force action.

Motion for Default Judgment: If your spouse fails to respond after being properly served, your attorney can ask the court to proceed without them. The judge can grant the divorce and make decisions based solely on the information you provide.
Motion to Compel: This motion asks the judge to order your spouse to comply with a specific request, most often related to providing discovery information.
Motion for Contempt: If your spouse violates a direct court order (like an order to pay temporary child support or produce documents), this motion asks the judge to penalize them with fines or even jail time until they comply.
Request for Attorney’s Fees: If your spouse’s unreasonable behavior is causing unnecessary delays and legal fees, your attorney can ask the judge to order your spouse to pay for the costs you incurred as a result of their obstruction.

These tools are powerful motivators. The threat of financial penalties or other sanctions from a judge can often be the catalyst that forces a non-cooperative spouse to finally participate in the process.

What Is a Realistic Timeline for a Divorce with an Uncooperative Spouse in Kentucky?

While a simple, uncontested divorce can be finalized in as little as two to three months, a contested divorce with an uncooperative spouse is a different matter entirely. There is no single answer, as the timeline depends on the complexity of your assets and the specific tactics your spouse employs.

Moderately Contested (6-12 Months): If the non-cooperation is limited to slow responses and initial disagreements that are eventually resolved through mediation, you might expect the process to take six months to a year.
Highly Contested (12-24 Months or More): If your case involves hidden assets, a contentious custody battle, and a spouse who fights every step and forces a trial, the process can easily extend to 18 months, 24 months, or in the most complex cases, even longer.

The family court’s schedule also plays a role. Getting hearing dates and trial dates can take months, so every delay caused by your spouse has a ripple effect on the overall timeline.

Build a Path Forward with Experienced Guidance

Facing a divorce with an uncooperative spouse is one of the most challenging legal situations a person can endure. It requires patience, strategy, and a firm belief that the legal process, while slow, is designed to deliver a fair and final resolution. While you cannot control your spouse’s actions, you can control your own response by securing knowledgeable legal representation to protect your rights and move your case forward. If you are dealing with a difficult divorce in Kentucky, the legal team at John H. Ruby & Associates is here to provide the guidance you need. We are committed to building a strong case that protects your financial future and the best interests of your children, even in the face of obstruction.

To discuss your situation and learn more about your options, schedule a consultation by calling us at 502-373-8044 or reaching out online.

How Long Does a Divorce Take When My Spouse Won’t Cooperate?