Legal Question in Family Law in Kentucky

Re: Motion Divorce paper

Please feel free to contcat me by telephone to explain your situation in more detail. From what you have stated it is difficult to tell what has been filed and what has not, but i may be able to help if we talk on the phone.

Re: Motion Divorce paper

After the initial petition or complaint, all civil actions proceed on "motion". Attorneys spend a lot of time on "motion" practice. It is how the case is moved along. Simply put, if you want the Court to do something, you ask it to do so in a "motion". The untrained are surprised that the Court does not operate automatically. There are specific civil rules promulgated by the Kentucky Supreme Court. Your local court may have a set also. If you are going to serve as your own attorney, the Court will hold you to the same standard as a real one. You have not given much information, but I suspect that the Clerk means that you haven't asked the Court to do anything. All that you have done is file your petition/complaint. Motions MUST have a section asking for something, e.g. "Comes the Petitioner and moves the Court to set the within matter for trial." This is signed by you. Then you have a "notice" section telling the other side when and where and time you are going to ask the Court to hear your motion and this must also be signed. Last, there must be a certificate stating that you have served all of the parties in the action, especially the other side. If your husband has an attorney, serve him/her-not your husband. This also must be signed. You will also have to know how to proceed subsequent to the motion hearing. A lot of "do-it-yourself" divorces forget little things such as debt allocation and enforcement of agreements if any; title to property and its allocation and the execution of paperwork to transfer title. Most Attorneys do not represent themselves in their own divorces and you probably should take a hint from that. The water is deep and the footing treacherous. Take time and go to some Court hearings. Doesn't matter what kind-the procedure is similar.