FCRPP 3.Obtaining decrees and judgments
Last amended February 1, 2020 · Current through July 1, 2026 · Last verified September 8, 2026
Full Text of FCRPP 3
Amendment History
Kentucky publishes each rule’s amendment record as a “HISTORY” note beneath the rule, citing the Supreme Court order that adopted or amended it and that order’s effective date. It is reproduced verbatim below.
HISTORY: Adopted by Order 2020-1, eff. 2-1-20
Plain-English Summary
Where the parties agree on everything, a final judgment, decree of legal separation or decree of dissolution can be obtained without a trial by filing a motion or agreed order to submit the case for final disposition. Nothing is final until the original is signed by the court and entered by the clerk. Partial agreements are signed by the parties and their counsel before being submitted for approval.
Default has its own certifications. The motion must certify that no answer or other papers have been received from the defaulting party; the date of personal service and that 20 days have elapsed — or, where a warning order attorney was used, the date of that attorney's report and that 50 days have passed since the appointment order; and the date, address and manner of service of the default motion, together with a statement that the defaulting party is not on active military duty. One thing default never dispenses with: an evidentiary hearing is conducted on all claims for custody and parenting time even though the defaulting party is absent.
Where claims are tried, the final verified disclosure statement carries the financial picture — though a party who already filed a preliminary statement may instead file an affidavit attesting that nothing has changed. If financial claims are being tried, both parties serve the statement and supporting documentation on each other 21 days before trial and file it no later than 14 days before.
Evidence rules follow. A court-appointed expert's report is admitted and may be considered without further foundation or testimony unless a party subpoenas the expert or the court orders otherwise — and the party who subpoenas the expert pays the appearance fee. Exhibit and witness lists are exchanged no later than 14 days before trial, identifying witnesses by name, address and a summary of expected testimony; anything not identified is excluded except for good cause, though rebuttal evidence is not limited. The court may sever claims carrying a jury right or falling outside Family Court's statutory jurisdiction, and those may be re-filed in the appropriate court.
Frequently Asked Questions
Can I get divorced in Kentucky without a trial?
Yes, if the parties agree on all claims. A final judgment or decree may be obtained by filing a motion or agreed order to submit the case for final disposition, subject to any local rule requiring additional filings.
How long after service can I move for default?
The motion must certify that 20 days have elapsed since personal service — or, where the party was served by warning order attorney, that 50 days have passed since entry of the order appointing that attorney.
Is there still a hearing if my spouse defaults?
On custody and parenting time, yes. An evidentiary hearing is conducted on all such claims notwithstanding the absence of the party in default.
When are exhibit and witness lists due?
No later than 14 days before trial, unless otherwise ordered or affirmatively waived. Witnesses are identified by name, address and a summary of anticipated testimony, and anything not identified is excluded except for good cause shown.
Who pays a court-appointed expert to testify?
The party who subpoenas the expert to trial or for deposition pays the expert's fee for appearance, unless the court orders otherwise.