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Rule 704 Obtaining a decree of dissolution in uncontested actions for divorce or legal separati...

Baldwin's Kentucky Revised Statutes Annotated28th Judicial Circuit - Lincoln, Pulaski and Rockcastle Family Court

Baldwin's Kentucky Revised Statutes Annotated
28th Judicial Circuit - Lincoln, Pulaski and Rockcastle Family Court
Rule 7 Domestic Relations Practice
KY RLFC Rule 704
Rule 704 Obtaining a decree of dissolution in uncontested actions for divorce or legal separation
Currentness
For Purposes of this Rule, an “uncontested action” is defined as follows:
A.1. An action in which there has been filed a separation agreement executed by both parties, and in which no motion to set aside that agreement is pending;
2. An action in which the Respondent is before the Court only by warning order service of process, the warning order attorney's report has been filed, and the moving party is requesting only dissolution of the marriage, custody of children over which this Court has jurisdiction and/or division of property located in Kentucky;
3. An action in which the Respondent has been served with process pursuant to CR 4.01 and has filed no responsive pleading, and in which the moving party is requesting only limited relief, evidence in support of which can be presented in 15 minutes or less.
B. Proof by Deposition or Interrogatory:
Proof in an uncontested action shall be taken by deposition or interrogatory pursuant to CR 43.04(1). The motion to submit need not be noticed for a regular Motion Hour, but may be tendered to the Family Court Judge by filing the motion in the Clerk's office.
Any motion to submit an uncontested action must be accompanied by a proposed “Findings of Fact, Conclusions of Law, Judgment and Decree” which the moving party desires the Court to adopt.
Any Separation Agreement or Agreed Judgment providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation. If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines.

Credits

HISTORY: Adopted effective March 10, 2016.
Lincoln, Pulaski and Rockcastle Family Court Rule 704, KY R LINCOLN FAM CT Rule 704
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document