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Rule 709. Uncontested dissolution proceedings

Baldwin's Kentucky Revised Statutes Annotated22nd Judicial Circuit - Fayette Family Court

Baldwin's Kentucky Revised Statutes Annotated
22nd Judicial Circuit - Fayette Family Court
Rule 7. Domestic Relations Practice
KY RFFC Rule 709
Rule 709. Uncontested dissolution proceedings
Currentness
A. Filing of Final Documents: If proceedings under submission on the pleadings all final documents shall be tendered together as one package for the court's review. If e-filing, all documents shall be tendered together in one electronic envelope by utilizing the “drag and drop multiple documents” feature when tendering so all documents are received by the court as one envelope.
B. Form of Testimony: Testimony in an uncontested dissolution proceeding may be taken by oral testimony before the Court or by deposition upon written question. It is the obligation of each attorney, or each party, if unrepresented by an attorney, to ascertain the procedure used by each Family Court Judge to finalize uncontested divorces.
Unless otherwise ordered by the Court, an uncontested dissolution proceeding wherein the other party is in default may be submitted to the Court through the clerk for decision if the following is included:
1. A Motion requesting the case proceed for submission on default, said motion being noticed to be heard at the convenience of the court. An Affidavit of the Non-Defaulting Party for Submission, attached, and an Order Submitting the case for decision on written deposition.
2. A completed and sworn Deposition Upon Written Questions, said deposition to comply with statutory requirements.
3. Unless otherwise directed by the Court, a proposed Findings of Fact and Conclusions of Law signed by the submitting party.
4. A proposed Decree of Dissolution signed by the submitting party.
5. Form AOC-152, Uniform Child Support Order and/or Wage Benefit/ Withholding Order for Kentucky Employers, if applicable, and a completed Child Support Guidelines Worksheet.
6. Affidavit of Counsel as required by FCRPP 3(2).
7. Sufficient number of copies of the order of submission and decree together with properly addressed and stamped envelopes to permit the Court to complete service thereof to the parties.
C. Party Not in Default. Unless otherwise ordered by the Court, an uncontested dissolution proceeding wherein a party is not in default may be submitted to the Court through the Clerk for decision when the following is included:
1. An Agreed Order to Submit signed by both parties, or counsel for both parties, submitting the case for decision on deposition or written questions and attaching a completed affidavit or deposition or Joint Motion for Submission that is compliant with FCRPP 3(1).
2. A completed and sworn Deposition Upon Written Questions, said deposition to comply applicable statutes.
3. Form AOC-152, Uniform Child Support Order and/or Wage Benefit/Withholding Order for Kentucky Employers, if applicable.
4. A completed Child Support Guidelines Worksheet CS-71, even if a deviation has been agreed upon.
5. An Original Separation Agreement, said agreement shall have been witnessed, bear the original signature of both parties, and shall contain the following language below the signatures of the parties, “Approved and incorporated by reference,” and a signature and date line for the Judge.
6. Unless otherwise directed by the Court, a proposed Findings of Fact and Conclusions of Law signed by the submitting party.
7. A proposed Decree of Dissolution.
8. Sufficient number of copies of the order of submission and decree together with properly addressed and stamped envelopes to permit the Court to complete service thereof to the parties.

Credits

HISTORY: Amended effective December 28, 2022. Adopted effective October 8, 2012.
Fayette Family Court Rule 709, KY R FAYETTE FAM CT Rule 709
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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