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Rule 5 Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated29th Judicial Circuit - Adair and Casey Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
29th Judicial Circuit - Adair and Casey Circuit Courts
KY RACC Rule 5
Rule 5 Domestic relations practice
Currentness
All family Court matters will be conducted in accordance with the Family Court Rules of Procedure and Practice (FCRPP).
5.1 Domestic Motions
All domestic motions will first be set on the general civil docket, and the case will be heard on that day unless the Judge determines it will require a separate hearing.
5.2 Submission of Cases to the Court
Cases may be submitted to the Court pursuant to a motion on Rule Day or at any time on a joint motion. In either event, the office of the Circuit Clerk and Circuit Judge shall be notified that the case is ready for the Court to take under submission.
5.3 Default cases
Pursuant to FCRPP 3(2), in all cases of default, the motion to submit for decree shall state the following:
a. That no answer or pleading 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 Act have been followed.
5.4 Uncontested Divorces
a. In Adair or Casey County, an uncontested divorce includes the following:
1. An action in which there has been filed a separation agreement executed by both parties, and in which no motion to set aside that agreement is pending;
2. An action in which the Respondent is before the Court only by warning order service of process, the warning order attorney's report has been filed, and the moving party is requesting only dissolution of the marriage, custody of children over which this Court has jurisdiction and/or division of property located in Kentucky;
3. An action in which the Respondent has been served with process pursuant to CR 4.01 and has filed no responsive pleading, and in which the moving party is requesting only limited relief, evidence in support of which can be presented in 15 minutes or less.
b. Proof in an uncontested action shall be taken by deposition or interrogatory pursuant to CR 43.04(1). The motion to submit need not be noticed for a regular Motion Hour, but may be tendered to the Judge by filing the motion in the Clerk's office.
c. Any motion to submit an uncontested action must be accompanied by a proposed “Findings of Fact, Conclusions of Law & Decree of Dissolution of Marriage” which the moving party desires the Court to adopt.
d. Any Separation Agreement or Agreed Judgment for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for monthly Child Support Obligations and shall further comply with the requirements of FCRPP 9. If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines. An AOC-152 shall also be attached.
e. In the event that the parties are ordered to divide medical expenses for minor child(ren), the custodial parent shall provide a copy of the medical bills shall be provided to the other parent within 14 days of receipt of said medical bill. The non-custodial parent shall provide payment and/or reimbursement within 30 days.
5.5 Matters Requiring a Trial
In each contested action for divorce or legal separation, parties shall comply with FCRPP 2(3).
a. Pursuant to FCRPP 3(3)(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. Pursuant to FCRPP 3(3)(b), no later than 5 days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at the trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
c. Pursuant to FCRPP 3(3)(c), a copy of AOC-239, 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.
d. Failure to file the Final Verified Disclosure Statement or an agreed waiver of same signed by both parties, within 15 days prior to the final hearing, may, at the sole discretion of the presiding Judge, result in a continuance of any scheduled hearing.
5.6 Witness and Exhibit List
Unless otherwise ordered by the court, in any action in which the permanent custody or time-sharing of the child(ren) is in issue, each party shall, not less than 14 days prior to the day set for hearing, provide the other party(ies) with a list of the names and addresses of every person and a short statement of the subject of their testimony expected to be called as a witness, as well as a list of exhibits to be entered.
5.7 Restraining Orders
Pursuant to FCRPP 2(5) the Court may enter a Status Quo Order regarding martial assets. The requesting party shall file the Status Quo Order, AOC-237, with the Court upon the filing of a motion.
5.8 Post Decree Litigation
Pursuant to FCRPP 3(5), a fee of $50.00 shall be paid by the movant in domestic relations cases reopened after six 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.
5.9 Standard Visitation Guidelines
The 29th Judicial Circuit Standard Visitation Guidelines and Code of Conduct are attached hereto as Attachment C and are suggested as guidelines for the parents and the Court in establishing time-sharing/visitation schedules. The parties are encouraged to reach an agreement that will serve the needs of the family and that will be specific to their case. Because each case presents unique facts and circumstances, the final schedule as agreed by the parties or as established by the Court may or may not contain portions of these guidelines.
Every agreement that involves children shall have a copy of the standard visitation guidelines and code of conduct attached with both parties initialing the bottom of each page, unless a comprehensive alternative agreement is attached and signed by both parties.

Credits

HISTORY: Amended effective April 10, 2014. Prior amendments effective January 27, 2004.
Adair and Casey Circuit Court Rule 5, KY R ADAIR CASEY CIR CT Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document