Uncontested Divorce Petition + Decree Filing Packet - Kentucky

UNCONTESTED DIVORCE PETITION + DECREE FILING PACKET — KENTUCKY

TABLE OF CONTENTS

1. Pre-Filing Eligibility & Waiting-Period Checklist
2. Caption (All Pleadings)
3. Verified Petition for Dissolution of Marriage
4. Waiver of Service / Entry of Appearance (AOC-252.1 Companion)
5. Marital Settlement / Separation Agreement (AOC-252.4 Companion)
6. Preliminary Verified Disclosure Statement (AOC-238 Companion)
7. Affidavit in Support of Decree / Deposition on Written Questions
8. Child Support Worksheet & Parenting Plan References (If Applicable)
9. Findings of Fact, Conclusions of Law, and Decree of Dissolution (AOC-252.6 Companion)
10. Vital Statistics Certificate (VS-300)
11. Filing Procedure & Court Clerk Checklist
12. Certificate of Service
13. Sources and References

1. PRE-FILING ELIGIBILITY & WAITING-PERIOD CHECKLIST

Mark each item before filing. Every required item must be satisfied.

☐ Residency (KRS § 403.140(1)(a)). At least one party has resided in Kentucky — or has been stationed in Kentucky as a member of the armed services — for the 180 days immediately preceding the filing of this Petition.

☐ Living apart (KRS § 403.170(1)). The parties have lived apart for at least 60 days as of the date the Decree will be tendered, or will have done so by that date. "Living apart" includes occupying the same residence without sexual cohabitation.

☐ Irretrievable breakdown. The marriage is irretrievably broken and there is no reasonable prospect of reconciliation.

☐ No conciliation barrier. The conciliation provisions of KRS § 403.170 either do not apply or have been satisfied.

☐ Minor-children 60-day rule (KRS § 403.044). If any child of the marriage is under 18, no final testimony will be taken sooner than 60 days after service of summons, the appointment of a warning-order attorney, or filing of an entry of appearance / responsive pleading by Respondent, whichever occurs first.

☐ AOC-238 disclosure timing (FCRPP Rule 2). Both parties will exchange a Preliminary Verified Disclosure Statement within 45 days of filing the Petition (or the Simplified AOC-238.1 if eligible).

☐ Settlement. The parties have reached agreement on all issues: division of marital property and debts, maintenance (spousal support), and — if applicable — custody, parenting time, and child support.

☐ Parenting-class compliance (if minor children). Both parties will complete any locally required parent-education program before entry of the Decree.

☐ Filing fee or fee waiver. Filing fee (typically $113–$250 by county) is ready, or an In Forma Pauperis motion and affidavit will be filed.

☐ Venue (KRS § 452.470). This action will be filed in the Circuit Court — Family Court Division of the county where Petitioner or Respondent resides.

2. CAPTION (ALL PLEADINGS)

COMMONWEALTH OF KENTUCKY

[__________________________] CIRCUIT COURT — FAMILY DIVISION

DIVISION [____]

CASE NO. [________________________________]

3. VERIFIED PETITION FOR DISSOLUTION OF MARRIAGE

Petitioner, by and through undersigned counsel (or appearing pro se), respectfully petitions this Court for a Decree of Dissolution of Marriage and states as follows:

3.1 Parties

1. Petitioner, [PETITIONER'S FULL LEGAL NAME], is an adult, residing at [________________________________], [________________________________] County, Kentucky [____________].

2. Respondent, [RESPONDENT'S FULL LEGAL NAME], is an adult, residing at [________________________________], [________________________________] County, [STATE] [____________].

3. Petitioner's date of birth: [__/__/____]. Respondent's date of birth: [__/__/____].

4. Petitioner's Social Security Number (last four): XXX-XX-[____]. Respondent's Social Security Number (last four): XXX-XX-[____].

3.2 Jurisdiction and Residency

5. At least one of the parties has resided in the Commonwealth of Kentucky — or has been stationed in Kentucky as a member of the United States Armed Services — for the 180 days immediately preceding the filing of this Petition, pursuant to KRS § 403.140(1)(a).

6. Venue is proper in [________________________________] County under KRS § 452.470 because [☐ Petitioner ☐ Respondent] resides in this county.

3.3 Marriage

7. The parties were lawfully married on [__/__/____] in [CITY], [COUNTY], [STATE/COUNTRY].

8. The parties separated, or began living apart within the meaning of KRS § 403.170(1), on or about [__/__/____].

3.4 Grounds — Irretrievable Breakdown

9. The marriage between the parties is irretrievably broken within the meaning of KRS §§ 403.140(1)(c) and 403.170. There is no reasonable prospect of reconciliation.

10. The conciliation provisions of KRS § 403.170 do not apply, or, if applicable, have been satisfied.

3.5 Children

11. ☐ There are no children born of this marriage and Petitioner is not pregnant.

☐ The following minor child(ren) were born of or adopted during the marriage:

12. For UCCJEA purposes (KRS § 403.822 et seq.), the home state of each minor child is Kentucky, and the child(ren) have resided in Kentucky for at least the six (6) months immediately preceding the filing of this Petition (or since birth, if under six months old).

3.6 Property and Debts

13. The parties have acquired marital property and debts during the marriage. The parties have executed, or will execute prior to entry of the Decree, a Marital Settlement Agreement resolving all property and debt issues, attached or to be tendered as Exhibit A.

3.7 Maintenance

14. ☐ Neither party seeks spousal maintenance (spousal support) from the other, and each waives any claim for maintenance, present or future.

☐ The parties have agreed on maintenance terms as set forth in the Marital Settlement Agreement (Exhibit A).

3.8 Prior Actions and Domestic Violence

15. ☐ No other action for divorce, dissolution, or separation is pending between the parties in any court.

☐ There is/are the following prior or pending domestic-relations action(s): [________________________________].

16. ☐ There is no domestic violence order in effect between the parties.

☐ There is an order under KRS Chapter 403 / KRS Chapter 456: [________________________________].

3.9 Prayer for Relief

WHEREFORE, Petitioner respectfully prays this Court:

A. Find that the jurisdictional requirements of KRS § 403.140 have been satisfied;

B. Find that the marriage is irretrievably broken;

C. Enter a Decree of Dissolution of Marriage;

D. Approve and incorporate by reference the parties' Marital Settlement Agreement;

E. ☐ Restore Petitioner's prior name to: [________________________________];

F. Grant such other and further relief as the Court deems just and equitable.

3.10 Verification

I, [PETITIONER'S FULL LEGAL NAME], having been duly sworn, state that I have read the foregoing Verified Petition for Dissolution of Marriage and the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
Petitioner

Subscribed and sworn to before me this [____] day of [____________], [______].

[________________________________]
Notary Public — Commonwealth of Kentucky
My commission expires: [__/__/____]

4. WAIVER OF SERVICE / ENTRY OF APPEARANCE (AOC-252.1 COMPANION)

I, [RESPONDENT'S FULL LEGAL NAME], Respondent in the above-styled action, state:

1. I have received a true and complete copy of the Verified Petition for Dissolution of Marriage filed in this action.

2. I hereby enter my appearance, waive formal issuance and service of summons, and submit to the jurisdiction of this Court for all purposes in this action.

3. I have read the Petition and any accompanying Marital Settlement Agreement. I understand my rights and have had the opportunity to consult independent counsel. I sign voluntarily and without coercion.

4. I ☐ join in / ☐ do not contest the relief requested in the Petition.

5. I waive further notice of hearings except as required by law or local rule.

[________________________________]
Respondent

Subscribed and sworn to before me this [____] day of [____________], [______].

[________________________________]
Notary Public — Commonwealth of Kentucky

5. MARITAL SETTLEMENT / SEPARATION AGREEMENT (AOC-252.4 COMPANION)

This Marital Settlement Agreement is entered into between [PETITIONER] and [RESPONDENT] on [__/__/____].

5.1 Recitals

A. The parties were married on [__/__/____] and separated on [__/__/____].

B. The parties intend to settle all rights and obligations arising from the marriage.

C. Each party has made full and fair disclosure of all assets, debts, income, and expenses (see AOC-238 Disclosure, Section 6).

D. Each party has had the opportunity to retain independent counsel.

5.2 Real Property

5.3 Personal Property and Vehicles

5.4 Financial Accounts and Retirement

☐ A Qualified Domestic Relations Order (QDRO) will be submitted for any retirement-plan division.

5.5 Debts and Liabilities

5.6 Spousal Maintenance (KRS § 403.200)

☐ Both parties waive maintenance, now and forever.

☐ [PARTY] shall pay maintenance of $[________] per [month/period] for [________] months, beginning [__/__/____].

5.7 Children (If Applicable)

Custody, parenting time, and child support are addressed in the Parenting Plan and Child Support Worksheet (AOC-152) attached as Exhibit B. Child support is calculated under KRS §§ 403.211–403.213.

5.8 Tax Matters

The parties shall file [☐ joint ☐ separate] returns for tax year [______]. Refunds and liabilities shall be apportioned as follows: [________________________________].

5.9 Non-Conscionability Acknowledgment (KRS § 403.180)

Each party acknowledges that this Agreement is fair, reasonable, and not unconscionable; that disclosure has been full and complete; and that this Agreement may be incorporated by reference into the Decree of Dissolution.

5.10 Signatures

[________________________________] Date: [__/__/____]
Petitioner

[________________________________] Date: [__/__/____]
Respondent

Sworn to before me by each party this [____] day of [____________], [______].

[________________________________]
Notary Public — Commonwealth of Kentucky

6. PRELIMINARY VERIFIED DISCLOSURE STATEMENT (AOC-238 COMPANION)

Each party must complete and exchange AOC-238 (or AOC-238.1 Simplified, if eligible). The disclosure must contain:

☐ All sources of income (wages, self-employment, investment, government benefits, other) for the prior 12 months;

☐ All expenses (housing, transportation, food, insurance, debt service, other);

☐ All assets (real property, vehicles, financial accounts, retirement, business interests, other personal property);

☐ All debts (mortgages, loans, credit cards, tax liabilities, judgments, other);

☐ Three (3) years of federal tax returns and W-2s/1099s;

☐ Most recent two (2) months of pay stubs;

☐ Most recent statements (within 60 days) for all financial accounts and retirement plans.

The disclosure shall be verified under oath. A Final Verified Disclosure may be required before entry of the Decree, unless waived by the Court and the parties.

7. AFFIDAVIT IN SUPPORT OF DECREE / DEPOSITION ON WRITTEN QUESTIONS

I, [PETITIONER'S FULL LEGAL NAME], having been duly sworn, depose and state:

1. I am the Petitioner in this action and have personal knowledge of the facts stated below.

2. I have resided in Kentucky for more than 180 days immediately preceding the filing of the Petition.

3. The parties have lived apart within the meaning of KRS § 403.170(1) for at least 60 days as of the date of this Affidavit.

4. The marriage is irretrievably broken; there is no reasonable prospect of reconciliation.

5. ☐ There are no minor children of the marriage and I am not pregnant.

☐ The minor child(ren) of the marriage are identified in the Petition. The provisions for custody, parenting time, and child support agreed upon by the parties are in the best interest of the child(ren).

6. The Marital Settlement Agreement was entered into freely and voluntarily, after full disclosure, and is not unconscionable.

7. I respectfully request that the Court enter the Decree of Dissolution submitted herewith.

[________________________________]
Petitioner

Subscribed and sworn to before me this [____] day of [____________], [______].

[________________________________]
Notary Public — Commonwealth of Kentucky

8. CHILD SUPPORT WORKSHEET & PARENTING PLAN REFERENCES (IF APPLICABLE)

If the parties have minor children of the marriage:

☐ Complete AOC-152 Child Support Worksheet using the Kentucky Child Support Guidelines (KRS §§ 403.211–403.213) and updated guideline tables effective the current calendar year.

☐ File a Parenting Plan addressing legal custody, parenting time / time-sharing, holiday and vacation schedules, transportation, decision-making, communication, and dispute resolution. Kentucky recognizes a rebuttable presumption of joint custody and equally shared parenting time (KRS § 403.270(2), as amended 2018).

☐ Complete any locally required parent-education / co-parenting class and file the certificate of completion before entry of the Decree.

☐ If child support deviates from the guideline amount, attach written findings supporting the deviation (KRS § 403.211(2)).

☐ Include income-withholding order (IV-D) where required (KRS § 403.215).

9. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECREE OF DISSOLUTION (AOC-252.6 COMPANION)

This matter came before the Court upon the Verified Petition for Dissolution of Marriage filed by Petitioner. The Court, having considered the pleadings, exhibits, Marital Settlement Agreement, and the parties' verified disclosures and affidavits, makes the following:

9.1 Findings of Fact

1. At least one party has resided in Kentucky for the 180 days immediately preceding the filing of the Petition (KRS § 403.140(1)(a)).

2. The parties have lived apart within the meaning of KRS § 403.170(1) for at least 60 days.

3. The conciliation provisions of KRS § 403.170 either do not apply or have been satisfied.

4. The marriage between the parties is irretrievably broken.

5. The parties' Marital Settlement Agreement is not unconscionable (KRS § 403.180).

6. The Court has made appropriate provision for child custody, child support, maintenance, and division of property (KRS § 403.140(1)(d)).

9.2 Conclusions of Law

The Court has subject-matter and personal jurisdiction over the parties and the marital res. The statutory requirements of KRS Chapter 403 have been satisfied. Petitioner is entitled to a Decree of Dissolution of Marriage.

9.3 Decree

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

A. The bonds of matrimony between [PETITIONER] and [RESPONDENT] are DISSOLVED. The parties are restored to the status of single, unmarried persons.

B. The Marital Settlement Agreement dated [__/__/____] is APPROVED and INCORPORATED BY REFERENCE, but not merged, into this Decree. Each party shall perform all obligations therein.

C. ☐ Custody, parenting time, and child support are awarded as set forth in the Parenting Plan and Child Support Worksheet (Exhibit B), which are INCORPORATED.

D. ☐ Petitioner's former name [________________________________] is RESTORED.

E. Each party shall execute all documents necessary to effectuate the property transfers and account divisions ordered herein.

F. This is a final and appealable Decree. There is no just cause for delay.

DATED this [____] day of [____________], [______].

[________________________________]
JUDGE, [________________________________] CIRCUIT / FAMILY COURT

Tendered by:

[________________________________]
[ATTORNEY NAME / PRO SE PETITIONER]
KBA No. [______________]
[ADDRESS]
[PHONE] / [EMAIL]

10. VITAL STATISTICS CERTIFICATE (VS-300)

The Certificate of Dissolution of Marriage / Annulment (Form VS-300) must be completed and filed with the petition under Kentucky vital-statistics requirements. The form captures: full legal names, dates of birth, place and date of marriage, number of minor children, county of decree, and date of decree. Verify the current VS-300 with the Kentucky Office of Vital Statistics.

11. FILING PROCEDURE & COURT CLERK CHECKLIST

☐ Step 1 — Pre-filing. Confirm residency (180 days) and prepare AOC-252 (Petition), AOC-252.1 (Waiver / Entry of Appearance), Settlement Agreement, VS-300, and any parenting / child-support forms.

☐ Step 2 — File with the Circuit Court Clerk (Family Court Division). File in the county where Petitioner or Respondent resides. Pay filing fee or file In Forma Pauperis motion.

☐ Step 3 — Serve Respondent OR file Waiver/Entry of Appearance. Service may be by sheriff, private process server, or certified mail through the clerk; service is unnecessary if Respondent signs AOC-252.1.

☐ Step 4 — Exchange AOC-238 within 45 days of filing.

☐ Step 5 — Observe the 60-day statutory minimum. No decree until parties have lived apart for 60 days. In cases with minor children, no final testimony until 60 days after service / entry of appearance.

☐ Step 6 — Complete parenting class (if children).

☐ Step 7 — Tender Decree. Submit AOC-252.6 (or counsel-drafted Decree), Affidavit / Deposition in Support, and any required worksheets to the Court.

☐ Step 8 — Obtain entered Decree from the clerk; serve a conformed copy on Respondent; record any deed transfers; submit QDROs to plan administrators; update beneficiary designations and tax withholding.

12. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing was served upon:

[________________________________]
[ATTORNEY / PETITIONER]

13. SOURCES AND REFERENCES

• KRS § 403.140 — Court may enter decree of dissolution; 180-day residency.
• KRS § 403.150 — Petition contents.
• KRS § 403.170 — Irretrievable breakdown; 60-day separation; conciliation.
• KRS § 403.044 — 60-day post-service waiting period (minor-children cases).
• KRS § 403.180 — Separation agreement; non-conscionability review.
• KRS § 403.190 — Equitable division of marital property.
• KRS § 403.200 — Maintenance factors.
• KRS §§ 403.211–403.213 — Child-support guidelines.
• KRS § 403.270 et seq. — Custody, parenting time, joint-custody presumption.
• KRS § 403.822 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act.
• Family Court Rules of Procedure and Practice (FCRPP) — particularly Rule 2 (Mandatory Case Disclosure).
• Kentucky Rules of Civil Procedure (CR) 4 (Service of Process); CR 5 (Service of Pleadings).
• AOC-252 (Petition), AOC-252.1 (Waiver/Entry of Appearance), AOC-252.4 (Separation Agreement), AOC-252.6 (Findings & Decree), AOC-238 / 238.1 (Preliminary Verified Disclosure), AOC-152 (Child Support Worksheet), VS-300 (Vital Statistics) — available free at kycourts.gov/Legal-Forms.
• Kentucky Court of Justice Self-Help Center: kycourts.gov.
• Kentucky Justice Online (KyJustice.org) — self-help dissolution interview.