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RENDERED: JUNE 24, 2005; 10:00 a.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky Court of Appeals
NO. 2004-CA-001406-MR
MELINDA HUFF KELLY APPELLANT
APPEAL FROM FAYETTE CIRCUIT COURT

v. HONORABLE TIMOTHY NEIL PHILPOT, JUDGE
ACTION NO. 97-CI-03661

BRADFORD STEVEN KELLY APPELLEE

OPINION  
VACATING AND REMANDING  

** ** ** ** **
BEFORE: COMBS, CHIEF JUDGE; GUIDUGLI, JUDGE; MILLER, SENIOR
JUDGE.1
GUIDUGLI, JUDGE: Melinda Huff Kelly appeals from two orders of
the Fayette Circuit Court, Family Division, which reduced a
maintenance award entered at the time of dissolution from $2,400
per month to $2,000 per month and ordered further review of the
maintenance award twelve (12) months thereafter. We vacate and
remand.

1 Senior Judge John D. Miller sitting as Special Judge by assignment of the
Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and
KRS 21.580.

The facts leading to this appeal, while not seriously

in dispute, are unusual and present an issue not previously
addressed by this Court. On October 17, 1997, Melinda filed a
petition for dissolution of marriage from her husband, Bradford
Stephen Kelly. The petition indicated that the parties had been
married on September 10, 1983, and that a separation agreement
had been entered. The petition indicated that the separation
agreement resolved the marital issues relative to the
dissolution and that it should be approved by the court. The
signed separation agreement was filed with the petition.
Bradford also signed a waiver of formal service that was filed
on that date. Several months later, on March 16, 1998, Melinda
filed a motion for an uncontested dissolution hearing date with
a certification of service that was sent to Bradford. The
dissolution hearing took place on April 3, 1998, before Fayette
Circuit Court Judge, John R. Adams. Bradford was not
represented and did not appear at the hearing.

Melinda testified under oath as to the requirements
necessary to obtain dissolution. She further testified that a
separation agreement had been entered into that resolved the
issues of custody, child support, maintenance, and property
division. Following Melinda

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