Instructions for Motion for Default Judgment and Decree of Dissolution of Marriage

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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 for Default Judgment and Decree of Dissolution of Marriage form and instructions (Word format)

This form is to be filed with the Court if the Respondent has been served with the Petition for Dissolution of Marriage either by certified mail, Sheriff or by Warning Order Attorney, and has not filed a response with the Court within twenty (20) days after being served the Summons. See the Overview Instructions for the time periods for responding to the Petition if the Respondent is served by certified mail or sheriff, and see the instructions for Motion and Affidavit for Appointment of Warning Order for a response if a Warning Order Attorney has been appointed. If the Respondent has not filed a response with the Court and/or the Respondent has not signed the Marital Settlement Agreement, then you should file the Motion for Default Judgment to request the Court to finalize the divorce.

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.

Fill in the Motion as follows:

  1. Fill in the Civil Action Number listed on the Petition. This is the number given to you by the family court clerk.

  2. Fill in your name.

  3. Fill in your spouse's name.

  4. Fill in the blanks and/or check the appropriate boxes in the form. The Clerk can advise you of the date and time of the next motion hour.

  5. Sign your name.

  6. Print your full address, including street number, street name, city, state and zip code.

  7. Print your telephone number.

  8. Go to the section entitled "Certification" on page 2 and print the name of the other party in the action. Then, on the lines provided, fill in that person's complete address, including the street number, street address, city, state and zip code. Also, fill in the area code and telephone number of the person.

  9. Sign your name and fill in the date.

    YOU MUST PROVIDE THE FULL NAME AND CORRECT ADDRESS OF THE OTHER PERSON INVOLVED IN THIS ACTION. By signing the "Certification" section of this document, you are "promising" to the Court that the information you have provided regarding the name, address and telephone number of the other party is correct. If you do not know the correct address, fill in his/her last known address and then write "last known address." If you know no address, write "unknown" and then see the Instructions for Affidavit for Warning Order Attorney.

  10. If the Respondent was served by certified mail or Sheriff, check the appropriate box and fill in the date of service. If a Warning Order Attorney was appointed by the Court, check that box, and fill in the date the Warning Order Attorney was appointed and the date the Warning Order Attorney filed the report with the Court. You will likely need to review the Court file to get those dates, or you can call the Family Court Clerk's Office (502-595-3025). Have your case number ready and ask the Clerk for the date of service.

  11. Once the form is complete, sign your name here. Do not sign 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.

  12. The notary public or court clerk will notarize your signature here.

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, together with a blank Decree of Dissolution of Marriage form (Word format). The Clerk will assign a date when your motion will be called by the judge. The Clerk will fill in the information on the original motion. You will be required to pay for a copy for you and a copy to be sent to the other party. The Clerk will give you back both copies. Keep one for your records and to remind you of the date. The Clerk will direct you to the mailroom so that you can mail the other photocopy to the other party.

YOU MUST ATTEND THE HEARING AT THE DATE AND TIME GIVEN TO YOU BY THE CLERK.

Date Reviewed: 
Friday, November 22, 2013