Instructions for Motion-Order to Proceed Without Paying Court Costs

NOTE: These instructions are ONLY for couples who live in Louisville-Jefferson County. These instructions are part of the Self-Help Divorce series.

Download the Motion-Order to Proceed Without Paying Court Costs and instructions (Word format)

This form may be filed with the Court if you are unable to pay the fee for filing a divorce ($113.00). It will be up to the judge to decide whether or not you may file without paying the fee. The clerk will not mail out the petition and summons until the Judge decides. If the judge denies your motion, you must pay the fee. Therefore, your divorce proceedings will not begin until a judge decides to grant or deny your motion.

To start the proceedings fill in the Motion and Affidavit as follows:

    Step 1 (Motion):

  1. Your case number and division goes on this line.
  2. Fill in your name.
  3. Fill in your spouse's name.
  4. Sign your name
  5. Print your full address, including street number, street name, city, state and zip code.
  6. Print your telephone number.

    Step 2 (Affidavit):

  7. Your case number and division goes on this line.
  8. Fill in your name
  9. Fill in your spouse's name
  10. Fill in your name.
  11. Fill in the number of children, if any, dependent on you for support.
  12. Fill in your employment status by checking the appropriate box(es) and, if you are working, fill in your gross monthly earnings (before deductions).
  13. List your monthly income by type(s) and amount(s).
  14. List your assets.
  15. Do not sign this form at home because you must sign in front of a notary or the Circuit Clerk.

    **YOU MUST SIGN THIS FORM 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.

    Step 3 (Filing):

    Present the original to the Jefferson Family Court Clerk with your petition and other documents. The clerk will forward the motion to the judge for a decision. You will receive by mail a copy of the order when the judge has signed it. If the judge grants the motion, your petition will be filed by the court clerk. If the judge denies the motion, you will be instructed to pay the filing fee.