Instructions for Petition for Dissolution of Marriage With Children Under 18 Years of Age

NOTE: These instructions are ONLY for couples who live in Louisville-Jefferson County. These instructions are part of the Self-Help Divorce With Children series and are ONLY for couples who have one or more children together, with at least one child aged 18 or younger and/or still in high school. If you do not have any children together, or if your children are all over 18 and are not in high school, please see the instructions for Self-Help Divorce Without Children.

Download the Petition for Dissolution of Marriage form and instructions (Word format)

A divorce is begun by filing the Petition and accompanying documents in the office of the Jefferson County Circuit Court Clerk, Family Division. This Petition is to be used to begin divorce proceedings in cases where there are no children under the age of 18, there is no marital property or debt OR the property and debt has already been divided by the parties. If you have any questions regarding your legal rights, have difficulty filling out this form, or have trouble following any of the specific instructions that accompany this form, you may want to consult an attorney.

SECTION (A):		When you file this document with the clerk, the clerk will assign you a case number. Do not write in the space given for (A). The number given by the clerk will be the identifying number for your case for the court. The clerk will also assign your case to a Family Court Division at this time. Divisions are assigned alphabetically based on the last name of the party. If you later call the court clerk to check on your case you must tell them this number.

SECTION (B):		Fill in your name.

SECTION (C):		Fill in your spouse's name.

SECTION (D):		If a Domestic Violence Order is in place against either you or your spouse, list the DVO # in Section D. If no Domestic Violence Order exists, you should leave this line blank.

Numbers 1-3:		If you have no fear of domestic violence from your spouse, complete number 2 with your name, street address, city, state and zip code. It is mandatory that you provide your spouse's full name and correct address. By signing Page 5 and telling the court that all of the statements in this document are true and accurate, to the best of your knowledge, you are making a "promise" to the Court. If you have been the victim of domestic violence and do not wish your spouse to have your current address, do not use your actual address. You should list the address of someone who can receive and forward your mail.

SECTION (E):		The date of separation is the last time you had marital relations with your spouse.

SECTION (H)(A):		Maintenance is money paid by one spouse to the other for his or her personal support. It is commonly referred to as "alimony."

Complete the remaining information as indicated on the form. Once the form is complete you may sign and date the bottom of page 6. Do not sign at home because you must sign in front of a notary or the Circuit Clerk.

**YOU MUST SIGN PAGE 6 IN THE PRESENCE OF A NOTARY OR CIRCUIT CLERK**

Remember you are making a "promise" to the Court that all of the information you have provided in this document and true and accurate to the best of your knowledge.

INSTRUCTIONS FOR FILING PETITION

STEP 1.
Fee

The filing fee is $113.00 but is subject to change. Ask the clerk about the fee amount before filing. The fee may be paid by cash, check or money order. You must have the filing fee with you to file unless you cannot afford to pay. If this is the case, you may file a Motion-Order to Proceed Without Paying Court Costs.

STEP 2.

File the following documents with the Circuit Court Clerk Family Division:

Petition for Dissolution of Marriage (Word format)
Case Data Information Sheet (PDF, 971 KB). This must be typed. You may obtain extra copies from the clerk
Original Certificate of Divorce or Annulment (Form VS-300). This form can be requested at the clerk's office. This form must be typed and signed by you in BLACK ink.
Summons (PDF, 257 KB)

STEP 3.

File

Take the original to the Office of the Clerk of Jefferson County Family Court located at 700 West Jefferson Street, Louisville, Kentucky. Present the original to the Clerk. You will be required to pay for copies for you and to be sent to the other party. The Clerk will give you back two sets of the photocopies. You should keep one for your records and go to the mailroom to mail the other copy to your spouse. The Clerk will direct you to the mailroom.

STEP 4.

Service

You need to serve your spouse in one of the following ways unless your spouse has signed an agreement and entry of appearance and waiver.

Certified Mail
If you know where your spouse is living and your spouse will cooperate in the divorce proceedings you may serve your spouse by Certified Mail, Restricted Delivery. This is the cheapest manner of service available; you must pay for this at the mailroom at the time of filing the Petition, unless you are filing a form to proceed without paying. The cost is determined by weight. It is your responsibility to provide a correct address for your spouse.
Personal Service
If you believe your spouse will not pick up service from the post office you may have them served by the Jefferson County Sheriff's Office if they live in Jefferson County. The cost is $40 but is subject to change. Service by a Sheriff can be set up with the Jefferson County Circuit Court Clerk's Office at the time of filing the Petition. You must take the papers to the Sheriff's office in the Judicial Center and pay for this service at the time of filing the Petition.
Warning Order Attorney
You will use a Warning Order Attorney only if the other party has left Kentucky to avoid service of process or you do not know any means by which to find the address of the other party.

Once your spouse has been served with the Petition, he or she has twenty (20) days to file a Response. If he or she does not respond in a timely way, you may proceed with your divorce by filing a Motion for Default Judgment and Decree of Dissolution of Marriage.