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Rule FCRPP 3 – Obtaining a Decree of Dissolution

May 13, 2021 | Family Law, Kentucky

(1) Matters Not Requiring a Hearing.

(a) If the parties reach an agreement on all issues, a decree of dissolution may be obtained without a trial by filing a motion or agreed order to submit for decree of dissolution of marriage, and the parties shall further comply with any local rule requiring additional filings.
(b) A decree shall not be final until the original is signed by the court and entered by the clerk.
(c) If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties, may be submitted to the court for approval and entry.
(2) Default cases.

In all cases of default, the motion to submit for decree shall state the following:

(a) That no answer or pleadings have been received by the moving party or counsel;
(b) That the respondent was personally served and 20 days have elapsed since service, or that a warning order attorney was appointed, has filed a report and affidavit and that 50 days have elapsed since appointment of the warning order attorney; and,
(c) Shall include certification that the motion and notice of trial or submission has been served on the opposing party at the party’s last known address; and if the party is on active military duty, that the provisions of the Servicemembers’ Civil Relief Act have been followed.
(3) Matters Requiring a Trial.

(a) If the parties do not reach an agreement on any or all issues, a trial shall be held, on motion, as set by the court.
(b) No later than 5 days prior to the trial, the parties shall file a final verified disclosure statement in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstance since the completion of the preliminary verified disclosure statement, if filed. The final verified disclosure statement shall contain the contents of the official AOC form, AOC-239, Final Verified Disclosure Statement, which is available for use in compliance with this rule. Further, any affidavit filed in lieu of the final verified disclosure statement shall contain the content of the official AOC form, AOC-239.2, Affidavit of No Change in Circumstances Requiring the Filing of a Final Verified Disclosure Statement, which is also available for use in compliance with this rule.
(c) A copy of final verified disclosure statement or the affidavit in (b) above, together with any supporting documentation, shall be provided to the opposing party 15 days prior to trial unless otherwise ordered by the court.
(4) Evidence and Exhibits.

(a) A court-appointed expert’s report shall be in lieu of live testimony, unless either party subpoenas the expert to testify or unless the court orders otherwise. The party who subpoenas the expert shall be responsible for paying the expert’s fee for appearance at trial, unless otherwise ordered by the court.
(b) In the trial order, the court shall order parties to exchange the list of exhibits to be submitted at trial. Absent good cause shown, failure to provide an exhibit list may result in the exclusion of such exhibit at trial.
(c) Originals of depositions, interrogatories or requests for admissions, shall not be filed in the court record unless offered as proof. The attorney who noticed the taking of a deposition, or propounded the interrogatories or requests for admissions, shall be the custodian of the record for the originals, and shall present them when directed by the court or at the request of any party.
(5) Post-Decree Litigation.

A fee of $50.00 shall be paid by the movant in domestic relations cases reopened after 6 months from the entry of the decree for the purpose of modifying the decree. This does not include motions in 42 U.S.C. Title IV-D cases for child support enforcement. The clerk shall collect any fee upon the filing of the motion, unless the movant files a motion to proceed in forma pauperis.

(a) Reopening for purposes of this rule means any motion for modification of an order filed more than 6 months after entry of the order. A case is considered reopened until all matters in the motion are resolved.
(b) Once a case is reopened and the fee is paid, another fee will not be required unless 6 months or more have elapsed since entry of the order on the motion that re-opened the case.
(c) This fee shall not be required for motions to enforce an order and which are so titled.

Ky. Fam. Ct. R. P. & Prac. FCRPP 3

Amended by Order 2014-21, eff. 1-1-15; prior amendment 2012-10, eff. 1-1-13; adopted eff. 1-1-11.