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Rule C Domestic relations cases

Baldwin's Kentucky Revised Statutes Annotated57th Judicial Circuit - Russell and Wayne Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
57th Judicial Circuit - Russell and Wayne Circuit Court
Chapter I General
KY RRWC Rule C
Rule C Domestic relations cases
(1) Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney. The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as nonmarital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property. Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated. Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.
(2) The Domestic Relations Commissioner shall hear all contested and uncontested matters arising from actions for the dissolution of marriage, child custody, support and maintenance under KRS Chapter 403, except that incarceration resulting from a finding of contempt shall be imposed only after a hearing before the Court at which time the Court shall permit additional evidence and shall give the party charged with contempt an opportunity to purge himself or herself of such contempt. Proceedings for restraining orders and injunctions shall be heard only by the Court.
(3) The Domestic Relations Commissioner will preside over hearings on post-judgment motions in domestic relations matters to enforce or modify a final decree of child support, custody, or visitation and maintenance or disposition of marital property.
(4) Petitions for adoption or termination of parental rights will not be referred to the Domestic Relations Commissioner.
(5) The Domestic Relations Commissioner shall have the authority to make recommendations to the Judge regarding motions for temporary orders of custody, support and maintenance.
(6) The Domestic Relations Commissioner shall make final findings and recommendations forty-five (45) days from the date an action is submitted to the said Domestic Relations Commissioner.
(7) Prior to the filing of a motion to be heard before the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion and inform the Domestic Relations Commissioner of the anticipated length of the hearing. The time, date, and place of the hearing shall be included in the notice served upon the opposing parties. If the matter to be heard is resolved prior to the time of a hearing, the Domestic Relations Commissioner shall be promptly notified.
(8) All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit Courts in the 57th Judicial Circuit.
(9) That all motions filed within this Circuit, Domestic Relations Division, shall be accompanied by a Forty Dollar ($40.00) non-refundable filing fee, which shall be due and payable to the Commissioner who hears the motion, or, if the motion is not heard, to the docket of the Commissioner.
(10) That all motions pertaining to Domestic Relations matters shall be placed on the Domestic Relations Commissioners docket unless specifically placed upon the Circuit Judge's docket at the Judge's direction.

Credits

HISTORY: Amended effective April 21, 2003.
Russell and Wayne Circuit Court Rule C, KY R RUSSELL CIR CT Rule C
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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