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Nathan R. Hardymon
Kentucky requires that the parties have been separated, or have “lived apart”, for a period of 60 days, which can include living under the same roof without sexual cohabitation, before the court can grant a decree of legal separation or dissolution of marriage. KRS 403.170(1). You do not need to obtain a separate home to...
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Gavel
Jones v. Jones Fayette Circuit Court Glynis was married to Johnathan’s deceased brother. Glynis petitioned for an interpersonal protective order (IPO) against Johnathan. At the hearing, Glynis testified that she and Johnathan had not seen or spoken to each other for several years before her husband’s death. However, thereafter, they checked in on each other...
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Flowing hourglass on wooden table; Twilight blue
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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Normandin v. Normandin Questions Presented: Marital Dissolution. Restricted Stock Units. Trial court improperly classified restricted stock units (RSUs) as entirely nonmarital property. To appropriately classify such assets the trial court applies a presumption that the RSUs are earned over the period between grant and vesting, and the proportion of RSUs acquired for purposes of marital...
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Com., Cabinet for Health and Family Services v. J.M.A. Jefferson Circuit Court Alleging abuse and neglect of Older Daughter, the Cabinet for Health and Family Services (“the Cabinet”) filed a dependency, neglect, and abuse (“DNA”) petition against Mother. Family Court placed Older Daughter in Maternal Grandmother’s custody, ordering Mother to complete several treatments, maintain sobriety,...
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Mother and son in bedroom spend some quality time
S.R.V. v. J.S.B. Livingston Circuit Court The parties married in 2008 and divorced in July 2014. After divorce, they reconciled and began living together again but never remarried. In December 2014, S.R.V. gave birth to Older Child. In August 2016, she gave birth to Younger Child. J.S.B. helped raise the children. In February 2018, the...
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In Kentucky, child support is calculated using the statutory guidelines provided in KRS 403.212. These guidelines consider the monthly gross income of both parents, the number of children in common between the parents, and the costs of any childcare and healthcare expenses for the children. Although you and your co-worker have the same income, your...
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Law Books
Cabinet for Health and Family Services, Com. v. K.S. Questions Presented: Dependency, Neglect and Abuse. Due Process. KRS 31.110(1)(b). Funding for Expert Assistance. Considering whether expert assistance must be provided to indigent parties in dependency, neglect and abuse cases, KRS 31.110(1)(b) does not so entitle an indigent parent to state funded assistance. However, under certain...
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Dog in Moving Box
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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Grandparent
S.B. v. Cabinet for Health and Family Services, Com. Jefferson Family Court After cannabinoids and opiates were detected in Child’s system after birth, the Cabinet for Health and Family Services (“the Cabinet”) filed a dependency, neglect, and abuse petition, resulting in Family Court ordering a treatment plan for her parents. Mother soon after died, and...
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