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A common question those considering divorce in Kentucky ask is regarding time frame. How long will it take me to get a divorce? Each case has a different timeline depending on the assets involved, number of legal issues, and a whole variety of other factors. It is unlikely your divorce will have a definite conclusion...
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Unlike property that was earned during the marriage, there is no presumption that debt incurred during the marriage is marital debt. Neidlinger v. Neidlinger, 52 S.W.3d 513, 523 (Ky. 2001). See also KRS 403.190. There is also no presumption that debts must be divided equally or in the same proportions as marital property but rather...
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An Emergency Protective Order (EPO) is a temporary order of protection from domestic violence and abuse. An EPO can be issued without a hearing or notice to the other party. A judge who receives a petition for an EPO must determine whether there is an “immediate and present danger” of domestic violence and abuse. Once...
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Iqtaifan v. Hagerty Jefferson Circuit Court Questions Presented: Family Law. Foreign Judgments. Writ of Mandamus. Opinion of the Court affirming the Court of Appeals’ denial of a writ of mandamus against family court judge for failure to dismiss a petition for dissolution of marriage on grounds that the parties were already divorced under the laws...
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The question of when to file a divorce is both a legal question and a practical question. Legally, if you want to file a divorce action in the Commonwealth of Kentucky, the Court must have jurisdiction to hear your case. At the most basic level, you must meet the KRS 430.140 residency requirement “that  one ...
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Elderserve, Inc. ex rel. Brooks v. Hagerty Jefferson Circuit Court Questions Presented: Writ of Mandamus. Guardianship. Dissolution of Marriage.  While affirming the denial of a writ of mandamus, the Court overrules Johnson v. Johnson, 170 S.W.2d 889 (Ky. 1943) to the extent it strictly prohibited a guardian from initiating an action for dissolution of marriage...
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Legal separation is a legal term of art. It is a distinct legal process and not a speedier or more efficient way of obtaining a divorce. In fact, one of the defining characteristics of legal separation is that a divorce cannot be granted for at least a year until after the legal separation has occurred....
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A deposition is a discovery tool by which your attorney can obtain sworn testimony from a witness outside of the courtroom and the presence of the Judge.
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Gonzalez v. Dooley Warren Circuit Court Before Wife petitioned for divorce, Husband and Child relocated to Kansas City, Kansas, where Husband’s parents lived. Wife contended that Husband did not consult her about the relocation but rather that Husband had sent her a text message that he was going to look for employment and would return...
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Mediation is the most common form of alternative dispute resolution (ADR) in Kentucky. In fact, many Judges in divorce and family law matters will require mediation before setting a final hearing or trial date. So, what is mediation? The American Bar Association describes mediation as “a private process where a neutral third person called a...
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