KRS 403.150: Procedure -- Commencement of action, pleadings, abolition of existing
Where this section sits in the code
- KRS Chapter 403
defenses.
(1) All proceedings under this chapter are commenced in the manner provided by the
Rules of Civil Procedure.
(2) The verified petition in a proceeding for dissolution of m arriage or legal separation
shall allege the marriage is irretrievably broken and shall set forth:
(a) The age, occupation, Social Security number, and residence of each party,
provided in accordance with KRS 403.135, and his length of residence in this
state. If domestic violence and abuse, as defined in KRS 403.720, is alleged
by either party, the party filing the petition shall certify the existence and
status of any domestic violence protective orders. The party filing the petition
and alleging the abus e may substitute the party's attorney's address as the
address of the party and any minor children;
(b) The date of the marriage and the place at which it was registered;
(c) That the parties are separated and the date on which the parties separated;
(d) The names, ages, Social Security numbers, and addresses, provided in
accordance with KRS 403.135, of any living infant children of the marriage,
and whether the wife is pregnant;
(e) Any arrangements as to custody, visitation, and support of the children and the
maintenance of a spouse; and
(f) The relief sought.
(3) Either or both parties to the marriage may initiate the proceeding.
(4) If a proceeding is commenced by one (1) of the parties, the other party must be
served in the manner provided by the Rules of Civil Procedure and may file a
verified response.
(5) Previously existing defenses to divorce and legal separation, including but not
limited to condonation, connivance, collusion, recrimination, insanity, and lapse of
time, are abolished.
(6) The cour t may join additional parties proper for the exercise of its authority to
implement this chapter.
(7) When the wife is pregnant at the time the petition is filed, the court may continue
the case until the pregnancy is terminated.
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