Ky. Cir. Ct. Clerks' Manual DISSOLUTION OF MARRIAGE/LEGAL SEPARATION/ANNULMENT

32 DISSOLUTION OF MARRIAGE/LEGAL

SEPARATION/ANNULMENT

KRS Chapter 403

Circuit Court or Family Court Division of Circuit Court Process Map

32.1 Filing Fees

Collect filing fees as set forth in the Accounting Manual and give a receipt. Do Quick Reference

not apply the FILED stamp or process the petition until the filing fees are Collect filing fees

paid.

EXCEPTIONS:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

32.2 Motion to Proceed In Forma Pauperis

See In Forma Pauperis Section 57

See Civil Actions Filed by Inmates Section 17

32.3 Petition

NOTE: Special reporting requirements are mandatory in dissolution and annulment

proceedings. Do not file a petition for dissolution or annulment unless Vital Statistics Form

300 (Certificate of Divorce or Annulment) is filed concurrently with the petition by the

petitioner or attorney. KRS 213.116(4).

VS 300 Form

An interactive VS 300 Form is available on the Cabinet for Health and

Family Services, Office of Vital Statistics website (chfs.ky.gov). After

completing all fields, the user can generate a PDF copy for filing. Older or

altered versions of the form cannot be accepted. To determine whether

the form is current, verify that it has a DVE number in the upper right

corner. If the DVE number is missing, return to the filer and direct them

to the CHFS website to complete the newest version of the form.

When the decree or order of annulment is entered, complete the

bottom portion of the VS 300 Form and mail at least monthly to: CHFS,

Office of Vital Statistics, 1st Floor, 275 E Main Street, Frankfort, KY 40621

DISSOLUTION OF MARRIAGE/LEGAL SEPARATION/ANNULMENT

1. Assign the case to a division using the procedure in your local rules. Refer Quick Reference

to Case Add section of KYCourts Manual for instructions on opening the Case type DISSO,

case. VISIT, CUSTO,

Case type codes: DISSO, VISIT, CUSTO, SUPIV, SUPPRI, DFOTH. SUPIV, SUPPRI,

2. Generate the next case number for circuit civil CI cases or use the next DFOTH

pre-numbered file folder.

Case number CI

3. DO NOT proceed with the following steps unless filing fees have been paid,

In Forma Pauperis has been granted, or the petitioner is the File, date, initial

Commonwealth.

4. Apply the FILED stamp; add the date and your initials.

32.4 Domestic Violence Petition/Verified Motion

All petitions/verified motions filed during the pendency of a dissolution or Quick Reference

child custody proceeding alleging that an act of violence has occurred shall be

assigned a domestic violence D case number with the appropriate trailer Case number D

Case type DV

number. Use case type DV. The petitioner or the attorney for the petitioner

AOC Form 275.1

shall complete an AOC Form 275.1 Petition/Motion for Order or Protection to

accomplish entry of the information in the LINK system. KRS 403.730(2).

Refer to Domestic Violence and Interpersonal Protective Orders for specific

instructions.

32.5 Summons Issuance

The clerk is required under CR 4.01(1) to issue a summons immediately upon Quick Reference

the filing of a complaint.

1. Generate a summons for each person to be served by completing a

summons screen. To expedite the filing of a lawsuit you may provide AOC Form 105

attorneys with AOC Form 105, Civil Summons, to complete and return to

you for signature at the time the complaint is filed. In either instance a

summons screen is completed.

2. The summons and the petition (and any motions filed with the petition)

shall be served together. The party requesting the summons shall furnish

sufficient copies of the petition for this purpose. CR 4.04(1).

NOTE: If you make copies, collect a copy fee as set forth in Accounting

Manual and give a receipt.

3. The initiating party will instruct whether service of the summons is by

certified mail or personally delivered by the sheriff or other authorized

person. CR 4.01(1). See Service of Process.

DISSOLUTION OF MARRIAGE/LEGAL SEPARATION/ANNULMENT

32.6 Warning Order Attorney/Guardian Ad Litem Service

 See Warning Order.

 In any court proceeding conducted pursuant to KRS 403.010 to 403.350, if the respondent

is incarcerated for a conviction pursuant to KRS Chapter 507, 508, 509 or 510, where the

petitioner is the victim, the guardian ad litem shall be paid by the Finance and

Administration Cabinet. See Guardian ad Litem.

32.7 Domestic Relations Commissioner (DRC)

1. Upon receipt of an Order referring the case to the Domestic Relations

Commissioner, apply the ENTERED stamp; add the date and your initials. Enter, date, initial

2. Enter the order on a document screen using document type ORDR. Memo Document type

the method and date of notice of entry. ORDR

3. Serve notice of entry of the order by mail or hand delivery on every party

who is not in default or who has not filed a written waiver of notice. NOE

32.7.1 Audio/Video Log

Proceedings before the commissioner shall be recorded by audio or video and a recording

log shall be kept.

1. FILE stamp the recording log and add the date and your initials. File, date, initial

2. Complete a document screen using document code VL for the recording Document code VL

log and the audio or video recording. FCRPP 4(3).

DISSOLUTION OF MARRIAGE/LEGAL SEPARATION/ANNULMENT

32.7.2 Notice of Commissioners Report

1. Upon receipt of a commissioner report, apply the FILED stamp; add the Quick Reference

date and your initials. File, date, initial

NOTE: Do not apply the ENTERED stamp to the Commissioner's Report.

2. Prepare AOC Form 240, Notice of Filing Commissioners Report, apply the AOC Form 240

FILED stamp; add the date and your initials. File, date, initial

3. Serve the notice by mail on all parties who have appeared in the action.

FRCPP 4(4)(a).

4. Complete documents screens for the report and the notice using Document code

document codes RCOM (Report of Commissioner) and NF (Notice of Filing.) RCOM

5. Parties may serve written objections on other parties within 10 days after Document code NF

being served with the Notice of Filing of Commissioners Report.

Application to the court for action upon the report and objection shall be

by motion and notice. File stamp the motion and notice, add the date and

your initials and complete a motion and scheduled event screen. File, date, initial

6. Upon receipt of a signed order adopting, modifying or rejecting the report,

apply the ENTERED stamp to the order; add the date and your initials.

Enter the order on a document screen including method and date of notice Enter, date, initial

of entry. Serve notice of entry of the order by mail or hand delivery on

every party who is not in default or who has not filed a written waiver of Notice of entry

notice.

32.8 Investigator's Report in Custody Proceedings

1. If the court orders an investigation and report concerning custodial

arrangements, upon receipt of the investigator’s report, apply the FILED File, date, initial

stamp; add the date and your initials.

2. File by completing a document screen using document type REP and Document type REP

memo Investigator’s Report. Mail a copy of the report to all attorneys of

record and any party not represented by an attorney at least 10 days prior

to any custody hearing. KRS 403.300(3).

DISSOLUTION OF MARRIAGE/LEGAL SEPARATION/ANNULMENT

32.9 Decree of Dissolution

1. Upon receipt of a signed decree or order, apply the ENTERED stamp; add Quick Reference

the date and your initials. Enter, date, initial

2. Enter the decree or order on the document screen including a brief

description. Use document type JDD (Judgment- Decree of Dissolution.)

Document type JDD

3. After the decree or order is entered, serve notice of entry on every party

who is not in default or who has not filed a written waiver of notice. Make NOE

an entry on the document screen showing the manner and date of service

of notice of entry of the decree or order.

4. When the decree of dissolution is entered, complete the disposition date,

disposition type and judge at disposition fields on the case screen. VS Form 300

Complete the bottom portion of VS Form 300 and mail at least one a CHFS

month to the Cabinet for Health and Family Services. KRS 213.116(5). Office of Vital

Statistics

NOTE: Issues such as custody, visitation, and support may be reserved, 1st Floor- 275 E

however; the case should be closed upon the entry of the decree. Main St

Frankfort, KY 40621

32.10 Child Support

1. If the decree or order includes child support (AOC Form 152, Uniform Child AOC Form 152

Support Order is used), apply the ENTERED stamp; add the date and your Enter, date, initial

initials.

NOTE: AOC Form 152 is a mandatory form.

2. Enter the order on a document screen using document types OSUP (Order Document type

for Support) or OSUPW (Order Wage/Benefit Withholding) as directed by OSUP or OSUPW

the Order.

3. Serve Notice of Entry of the Order on all parties. NOE

4. Place a copy of the order in a designated area (box or basket) in your office

for the Office of the Attorney General, Department of Child Support

Services.

DISSOLUTION OF MARRIAGE/LEGAL SEPARATION/ANNULMENT

32.11 Notice of Relocation of Joint/Sole Custodian

 A joint custodian seeking to relocate shall file a written notice with the court and shall serve

the notice on the non-relocating joint custodian/non-custodial parent. Either party may file

a motion for change of custody and/or timesharing within 20 days of service of the notice of

relocation. Quick Reference

1. Upon receipt of a notice for relocation, stamp the notice FILED, add the File, date, initial

date and your initials.

2. If the parties have an active EPO/DVO, present the notice immediately to

the appropriate judge to determine whether the notice should be sealed.

FCRPP 7.

NOTE: Pursuant to KRS 403.770, if a relocating custodian has an active EPO

or DVO against the other parent or custodian, the relocating custodian

must not be required to disclose to the other party the relocation

destination. The court and clerks must comply with statutory mandates

set forth in KRS 403.770 to maintain the confidentiality of that petitioner’s

date of birth and address, as well as that of the petitioner’s minor children.

If the domestic violence action is not pending in the same circuit, the court

may require the relocating custodian to disclose the relocation provided

only if the location is filed under seal, with strict confidentiality maintained

by the court and clerk and the location is not disclosed to the opposing File, date, initial

party. FCRPP 7.

3. Upon receipt of a notice for relocation stamp the notice FILED, add the

date and your initials. Present the notice immediately to the appropriate judge to be

sealed. FCRPP 7.

UIFSA UNIFORM INTERSTATE FAMILY SUPPORT ACT

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

REGISTRATION OF FOREIGN CHILD CUSTODY ORDER