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Rule 13A

Baldwin's Kentucky Revised Statutes Annotated31st Judicial Circuit - Floyd Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
31st Judicial Circuit - Floyd Circuit Court
KY RFLC Rule 13A
Rule 13A
(a) No proceeding for dissolution of marriage, including joint petitions, shall be assigned for final hearing until twenty days have elapsed following the date the joint petition is filed or the respondent is actually summoned or is deemed to have been summoned by warning order. In no event shall any such case be assigned for trial before twenty days have elapsed following the entry of appearance, services of summons, appointment of a warning order attorney, the filing of an entry of appearance or a responsive pleading, whichever occurs first. This section shall only apply to proceedings which do not involve minor children who are issue of the marriage. As per KRS 403. 044, in any proceeding involving minor children who are issue of the marriage, there shall be no testimony taken, other than on temporary orders, until sixty (60) days have elapsed from the date of the service of summons, the appointment of warning order attorney, the filing of a notice of appearance or a responsive pleading by the Defendant, whichever occurs first.
(b) If there are minor children of the marriage, a proceeding for dissolution of marriage shall not be assigned for final hearing until the parties have attended and participated in the Parents Education Clinic held at least once each month in the Floyd County Courthouse or such other location as may be approved by the Court.
(c) If a party refuses or fails to attend the clinic, the Court may make such orders in regard to the failure or refusal as are just, and among others the following: (1) An order refusing to assign a trial date until the party requesting the trial date attends the clinic; (2) An order reserving the granting or approval of final custody; and (3) In lieu of any of the foregoing orders or in additional thereto, an order treating as to contempt of court the failure to obey an order to attend the clinic.
(d) If the parties have been previously referred to mediation by the Court or they have obtained other professional counseling regarding custody and visitation, the Court may, upon the written recommendation of such counselor, waive the requirement that parties attend the clinic and assign the matter for trial.

Credits

HISTORY: Amended effective January 7, 1998.
Floyd Circuit Court Rule 13A, KY R FLOYD CIR CT Rule 13A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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