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Elizabeth M. Howell
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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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Pink Piggy Bank
Kentucky statute provides for grandparent visitation on quite limited grounds. In 2020, KRS 405.021(1)(b) and (c) were found to be unconstitutional, thus leaving intact only KRS 405.021(1)(a) and KRS 405.021(3) as the only potential avenues for a grandparent to obtain visitation. Pinto v. Robison, 607 S.W.3d 669, 671 (Ky. 2020). KRS 405.021(3) allows a grandparent...
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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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Elizabeth M. Howell
Elizabeth M. Howell has been selected to the 2021 Kentucky Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than...
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Kids with Christmas Tree
Even while married, couples can have difficulty navigating the holiday season. Grandparents, step-grandparents, aunts, uncles, cousins, and more all want face time during the holidays, especially when a little one is involved. A divorce or separation can add even more complications to the busy holiday season.
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In 2012, the Supreme Court of the United States limited third-party (often grandparent) visitation rights in Troxel v. Granville: A majority of the Court agreed that under the Due Process Clause of the Fourteenth Amendment, parents have a fundamental liberty interest in the care, custody, and control of their children. And a majority concurred that...
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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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Senior man sitting alone in his home
It is not uncommon to worry that your partner might begin hiding assets, or even “innocuously” misplacing or moving assets, during the divorce process. You should always bring this concern up to your attorney.
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Lawson v. Woeste and Villarreal Questions Presented: Family Law. Writ of Prohibition. Uniform Child-Custody Jurisdiction and Enforcement Act. A circuit court’s decision that it continues to have jurisdiction over a child custody matter under the UCCJEA is an exercise of a court’s subject-matter jurisdiction. A circuit court’s determination that it has “exclusive, continuing jurisdiction” over...
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In Kentucky, marital property is divided pursuant to KRS 403.190 “without regard to marital misconduct in just proportions considering all relevant factors including.” Not all property is marital property. The statute sets aside nonmarital property which is not subject to equitable division. KRS 403.190(2) describes nonmarital property as follows: “(a)Property acquired by gift, bequest, devise,...
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