Ky. Rev. Stat. » Chapter 403
Kentucky Revised Statutes

Ky. Rev. Stat. § 403.044 (2026)

Testimony in certain cases not taken for sixty days after complaint filed

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In divorce actions in which there are minor children who are the issue of the marriage no testimony other than on temporary motions shall be taken or heard before sixty (60) days have elapsed from the date of service of summons, the appointment of a warning order attorney or the filing of an entry of appearance or a responsive pleading by the defendant, whichever occurs first. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 45, sec. 1, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 253, sec. 1. -- Created 1968 Ky. Acts ch. 43, sec. 2.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1981–2023 · leading case: Mathews v. Mathews, 731 S.W.2d 832 (Ky. Ct. App. 1987).
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Mathews v. Mathews, 731 S.W.2d 832 (Ky. Ct. App. 1987). “It is apparent from the record that Margarette and Floyd, parents of a minor child, were not attempting to avoid the filing fee but the 60-day cooling off period required by KRS 403.044.”
Kentucky Bar Ass'n v. Cohen, 625 S.W.2d 573 (Ky. 1981). “Two counts of the first charge state that respondent after taking depositions in two divorce cases later altered the dates of the depositions and the affidavits to a later date in order to comply with KRS 403.044 and filed these altered and falsified depositions with the clerk…”
Justin Alan Lyons v. Laura Grace Lyons, No. 2022 CA 000360 (Ky. Ct. App. Mar. 2, 2023). “Husband responded with a motion to set aside the dissolution decree, arguing that the 60-day requirement of KRS 403.044 had not been met. He separately argued that the Agreement’s provisions regarding timesharing and child support were unconscionable.”
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