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Rule 34 Uncontested hearings

Baldwin's Kentucky Revised Statutes Annotated16th/17th Judicial Circuit/District - Boone, Campbell, Gallatin and Kenton Circuit and District Court

Baldwin's Kentucky Revised Statutes Annotated
16th/17th Judicial Circuit/District - Boone, Campbell, Gallatin and Kenton Circuit and District Court
General Rules for Domestic Relations Practice
KY ULCR Rule 34
Rule 34 Uncontested hearings
Currentness
A. An uncontested hearing is one in which the parties have agreed to all the necessary elements to dissolve the marriage contract, establish custody and support, maintenance, and the property and debts of the marriage or when respondent is in default or has been served by warning order and a WOA report has been filed. When a respondent is in default, the attorney for the petitioner shall submit to the Court an itemized property schedule for review at the time of the hearing.
B. A date for final uncontested hearing shall be set as follows:
1. Boone and Gallatin Circuit Courts. Upon order of reference to the Domestic Relations Commissioner by telephoning the chambers of the Domestic Relations Commissioner. Upon assignment for hearing in each case, the requesting attorney shall send Notice of Hearing to the opposing party or their counsel.
2. Campbell Circuit Court. By telephoning the chambers of the Judge of the division to which the case has been assigned.
3. Kenton Circuit Court. By telephoning the chambers of the Judge of the division to which the case has been assigned.
C. Documentation.
1.(a) Boone and Gallatin Circuit Courts. The Domestic Relations Commissioner shall prepare a report of his/her recommendations to the Court upon matters submitted to him/her, pursuant to CR 53.06(1). Care should be taken to include the appropriate entry relative to the presence or absence of a waiver of the notice requirement set forth in CR 53.06(2). If Counsel is to submit a decree of dissolution for the Domestic Relations Commissioner's review, then in that event, both parties or their counsel shall have the opportunity to submit decrees for his/her consideration.
(b) Campbell Circuit Court. Counsel shall furnish to the Circuit Court Judge a Property and/or Custody Agreement. The Court will prepare Findings of Fact and Conclusions of Law and a Decree of Dissolution.
(c) Kenton Circuit Court. Counsel shall furnish to the Circuit Court Judge a Property and/or Custody Agreement, and both parties or their counsel shall tender for review and signature a Decree of Dissolution. (The court shall prepare the Findings of Facts).
2. A Final hearing date shall not be assigned unless the Property Agreement or a separate Affidavit is presented to the Court indicating that the parties have made a Full Financial Disclosure and that the terms of the agreement are equitable and the Agreement has not been signed under duress.
3. The Decree shall contain language appropriate to fulfill the mandates of KRS 403.215 and KRS 403.465. Counsel shall insure that the appropriate provisions with respect to the entry of a wage assignment and/or collection of support through the County Child Support Division is included in any decree or Settlement Agreement pertaining to child support.

Credits

HISTORY: Amended effective November 20, 1997; adopted effective January 1, 1995.
Boone, Campbell, Gallatin and Kenton Counties, General Civil Rule 34, KY R BOONE CAMPBELL GALLATIN KENTON GEN CIV Rule 34
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document