A. Pursuant to FCRPP 2(3), a Preliminary Verified Disclosure Statement, Form AOC-238, shall be exchanged between the parties within 45 days of filing of the petition, and objections thereto shall be exchanged 20 days thereafter and shall not be filed in the court record unless ordered by the Court. If a Pendente Lite motion relating to maintenance or child support is filed before the expiration of the timeframes set forth in FCRPP 2(3), the parties shall exchange Preliminary Verified Disclosure Statements before the call of the motion. The parties shall be prepared to provide a copy of a completed Preliminary Verified Disclosure Statement to the Court at the time the motion is called for consideration in setting maintenance or child support. A Preliminary Verified Disclosure Statement, Form AOC-238, shall never be waived. If the parties enter into a settlement agreement, each shall attach to the agreement a copy of a completed Preliminary Verified Disclosure Statement, Form AOC-238 for consideration by the Court assessing the conscionability of the terms of the agreement.

B. Two copies of a completed Case Data Information Sheet shall be filed with the petition (Form AOC-FC-3) in cases involving minor children. One form shall be forwarded to the County Attorney's box by the Circuit Clerk; the other shall be filed in the Court record.

C. A completed VS-300 form typed and signature in black or blue ink shall be filed at the time of filing of the Petition for Dissolution. A final decree shall not be entered until compliance with this rule.

A. A party who chooses not to be represented by counsel shall sign and acknowledge Appearances Waivers and Agreements before a notary. Said waiver shall contain the party's correct address and phone number. Any party seeking to sign such waiver shall keep the Court apprised of any changes in address or phone number.

B. The Final Verified Disclosure Statement, AOC-239, may be waived if there is no final hearing due to settlement agreement; however, the Preliminary Verified Disclosure Statement, AOC-238, shall be attached to the settlement agreement and the agreement shall include language specifically adopting it as final and waiving any objections.

A. In Brown v. Brown, (Ky. 1990) 796 S.W.2d 5, the Kentucky Supreme Court stated, “the policy of the law is to encourage settlement in divorce litigation, whether prejudgment or post-judgment.” Parties in domestic litigation, except in cases where KRS 403.036 and KRS 403.160 apply, are encouraged to reach resolution by agreement. If the parties are unable to resolve issues informally between themselves, pursuant to FCRPP 2(6), parties may be ordered to mediate.

B. Within fifteen (15) days of referral for mediation, the parties shall agree on a mediator or a mediation service. If the parties cannot agree, they shall notify the Court, which will select a mediator or a mediation service.

C. The mediator shall be compensated at the rate agreed between the mediator and the parties if the mediator is chosen by agreement. If the mediator is appointed by the Court, the fee for the mediator shall be reasonable, may be by sliding scale and no greater than the mediator's standard rate as a mediator. Unless otherwise agreed by the parties or ordered by the Court, the parties shall divide the mediator's professional fees pro rata according to their respective incomes.

D. Property mediation requires that the parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following:

E. The parties shall attend the mediation conference and shall appear promptly at the time and location for the scheduled mediation conference. The attorneys for each party may attend and participate, subject to the defined roles of the mediator, and shall at times be permitted to privately communicate with their respective clients.

F. At the conclusion of mediation, the mediator shall report without comment to the Court and the Family Court Office as to the outcome of the mediation (i.e., a full agreement, partial agreement or mediation terminated). A termination or non-agreement shall be without prejudice to either party.

G. All settlement agreements must be in writing and signed by all parties and their counsel, if any, within ten (10) working days.

H. The Court shall retain final authority to accept, modify, or reject an agreement, in whole or in part.

I. The parties shall have the affirmative duty to contact the Family Court Office and remove any pending hearings concerning resolved issues.

J. Mediation proceedings shall be held in private and all communications, verbal or written, made in the proceedings shall be confidential. The same protection shall be given communications between the parties in the presence of the mediator and to all communications, verbal or written, with the Family Court Office or designee. The only exception to this Rule is that the mediator shall be responsible for reporting abuse according to KRS 209.030, KRS 209A.030 and KRS 620.030.

K. All conduct and communications made during a mediation conference shall be treated as settlement negotiations.

L. Mediators shall not be subpoenaed regarding the disclosure of any matter discussed during the mediation which is considered confidential. This privilege and immunity resides with the mediator and may not be waived by the parties.

A. The Court, in its discretion, may determine a temporary motion relating to maintenance, support or custody upon the pleadings or may permit the introduction of evidence by oral testimony.

B. Pursuant to KRS 403.160 and in compliance therewith, a motion relating to temporary child support or maintenance may be by ex parte motion and, pursuant to FCRPP 2(8), if granted, a hearing with all parties shall be set by the Court at its earliest convenience.

C. A motion for temporary child support or maintenance shall comply with FCRPP 9(4). The Court may order additional proof, including income tax returns, loan applications, or other financial documentation. Further, a motion for temporary maintenance must be accompanied by the Form AOC-238 Preliminary Verified Disclosure Statement and, by affidavit, movant's monthly expenses and movant's knowledge of the monthly gross and net income of the party from whom maintenance is sought.

D. If the County Attorney is an intervening party, wage information obtained directly from employer or state data system may be used to set support in lieu of the three (3) pay stub requirement.

E. All motions to modify temporary child support or maintenance shall comply with the rules to initially set temporary child support or maintenance and, by affidavit, movant's change of circumstances or basis for modification and updated financial information.

A. Pursuant to FCRPP 2(3), Form AOC-238 Preliminary Verified Disclosure Statement shall be completed and exchanged between the parties within forty-five (45) days of filing of the petition, and objections thereto shall be exchanged twenty (20) days thereafter and shall not be filed in the record unless ordered by the Court.

B. Each party shall upon exchange of the Form AOC-238 Preliminary Verified Disclosure Statement certify that documentation supporting the information in the statement is available for the opposing party's inspection and copying at the requesting party's expense as of the date of service of the statement on the other party.

C. Except with leave of Court for good cause shown or by agreed order, a party shall not conduct formal discovery pursuant to CR 30, CR 31, CR 33, CR 34 or CR 36 relative to matters addressed in the Form AOC-238 Preliminary Verified Disclosure Statement until that requesting party's statement has been served.

D. A Form AOC-238 Preliminary Verified Disclosure Statement for each party shall be attached to all settlement agreements.

E. The parties may not mutually waive these requirements without leave of Court for good cause shown.

F. A Form AOC-238 Preliminary Verified Disclosure Statement may be obtained from the Circuit Clerk's Office or online at www.courts.ky.gov.

A. In a proceeding for dissolution of marriage the Circuit Clerk shall not assign a date for final contested hearing until 20 days (or 60 days, if there are minor children of the parties) have elapsed from the date of service of summons, filing of an entry of appearance by the respondent, or filing of a verified responsive pleading by the respondent, whichever first occurs.

B. If service is by warning order, in a proceeding for dissolution of marriage the Circuit Clerk shall not assign a date for final contested hearing until 50 days (or 60 days, if there are minor children of the parties) have elapsed from the date of of¹ the entry of the warning order. The report of the warning order attorney shall be filed before the Circuit Clerk assigns a date for final contested hearing.

C. In a proceeding for dissolution of marriage or custody the Circuit Clerk shall not assign a date for final contested hearing until certificates demonstrating that both parties and their children have completed the parent education program, if applicable.

D. In contested proceedings or other matters under submission, the Court may request that all attorneys submit proposed findings of fact, conclusions of law, and judgment. This is not intended to delegate the Court's decision making power, but will be used solely for information and as a guide.

A. Unless otherwise ordered by the Court, either party may move the Court for an uncontested final hearing date or may move the Court for dissolution by deposition upon written questions.

B. Either party may offer proof for the purpose of entering a decree.

C. Where proof is submitted by deposition upon written questions and the parties have executed a settlement agreement resolving all issues, a motion to enter a decree need not be placed upon the Court's docket but may be submitted directly to the Court in the form of a Motion to Submit with an Order to Submit, and include a deposition upon written questions, Findings of Fact and Conclusions of Law, Decree of Dissolution, original copy of the settlement agreement, both parties' Form AOC-238 Preliminary Verified Disclosure Statement, a completed child support worksheet signed by both parties, if applicable, and a Form AOC-152 Uniform Child Support Order and/or Wage/Benefit Withholding Order for Kentucky Employers, if applicable. Parties may not waive by agreement submission of the Form AOC-238 Preliminary Verified Disclosure Statement.

D. When the parties have a minor child a completed child support worksheet signed by both parties shall be submitted even if the parties agree to deviate from the Kentucky Child Support Guidelines and/or not require child support. Further, because of the statutory requirement of written findings specifically detailing the factual reasons for departure from these guidelines, parties shall also submit a joint verified statement and order that includes specific language establishing a statutory basis for the deviation as set forth in KRS 403.211(3). This basis may be set forth in the settlement agreement.

E. When the parties have a minor child, pursuant to KRS 403.212, a court shall order health insurance coverage when reasonably available. Therefore, parties shall also submit a joint verified statement and order that includes specific language setting forth this obligation. This requirement may be set forth in the settlement agreement.