Instructions for Affidavit for Warning Order Attorney
This document is only to be used if:
The other party has left Kentucky to avoid service of process.
You do not know any means by which to find the address of the other party.
If either of the above reasons exist, you must use the Affidavit to proceed with your divorce. You must provide a last known address for the other party even if you know that they no longer live there. Fill in all the blanks on the Affidavit as instructed below:
SECTION A: When you filed the Petition with the clerk, the clerk assigned this number and a division number. Write these numbers on the line given for (A). The case number is the identifying number for your case for the Court.
SECTION B: The clerk also assigned your case to a Family Court Division. Write the division number in the space given for (B).
Once the Affidavit is filed with the clerk, the clerk will appoint the Warning Order Attorney. The Warning Order Attorney will charge you a fee for his/her services. If a Warning Order Attorney is used in your divorce, the divorce cannot become final until at least 50 days have elapsed from the date the Warning Order Attorney is appointed by the Court (50 days even if there are minor children). The Warning Order Attorney will file a report with the Court once the time has elapsed. The case cannot be given to the Judge to finalize until the Warning Order Attorney files the report.
If a Warning Order Attorney is used, the Court may grant you a divorce and award custody of any child(ren), but will not be able to decide money issues (like child support or maintenance) or divide marital property.
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.
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.
Take the original, completed document to the Office of the Clerk of Jefferson County Family Court located in The Jefferson County Judicial Center at 700 West Jefferson Street, Louisville, Kentucky. Present the original to the Clerk. You will be required to pay for copies for you to keep. The Clerk will give you back a photocopy for your records and will file the original with the Judge.