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Judge's Recusal in Divorce Action Requires Recusal in Domestic Violence Action - Published Family Law Opinion from Ky. Court of Appeals

BOONE V.BOONE

Judge recused herself from a divorce action, after a DVO hearing, but before issuing an Order dismissing the DVO. Wife then filed motions arguing Judge should be recused from the DV case as well because she had recused herself in the divorce. The Judge denied Wife’s motions. Wife appealed arguing that “the court abused its discretion in denying her Petition for a DVO” and that the Judge “should have disqualified herself with respect to the DVO.”

Full Digest of Grasch v. Grasch, Ky Court of Appeals Published Opinion of September 23, 2016, Now Posted to Our Blog

GRASCH v. GRASCH

Husband, an attorney, and Wife, who managed his law firm, divorced after a thirty year marriage. After four years of litigation, the parties appealed and cross appealed numerous issues for the Appellate Court to review.

Contingency Fees

 

Late motion to alter, amend or vacate custody decision when neither party received Order within 10 days from entry - Published Opinion from Ky Court of Appeals

HOFFMAN V. HOFFMAN

The trial court entered an Order reducing maintenance which neither party received until twelve days after the Order was entered. Wife filed a motion to alter, amend, or vacate pursuant to CR 59.05, CR 60.01 or CR 60.02. The trial court found that no fault could be attributed to Wife for the late filing of her motion, but concluded it had no discretion to consider her motion stating it had lost jurisdiction after ten days expired.

Extension of Domestic Violence Order as Sanction for Contempt - Published Opinion from Ky Court of Appeals

MORRIS V. MORRIS

Wife filed and was granted a DVO. Husband continued making threats and Wife filed a Motion for Contempt. At the hearing on Wife’s contempt motion, the trial court extended the DVO as a contempt sanction. After Husband’s appeal of its order, concerned Wife would be left without protection, the trial court vacated the order of extension made at the contempt hearing, conducted a hearing pursuant to KRS 403.750, and granted an extension of the DVO. Husband appealed that order as well.  

Is non-modifiable maintenance modifiable? Unpublished opinion from Ky Court of Appeals

We do not usually post unpublished opinions from the Ky Court of Appeals but Geralds v. Geralds  is notable, giving guidance to the bench and bar about an issue that has perplexed us since Woodson v. Woodson in 2011.  Geralds holds that agreements for non-modifiable maintenance are enforceable. We don't know why the opinion was designated not to be published, but hope the court changes its mind. 

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