Divorce Law Journal

The court clarifies that while CR 37.02(3) does not apply to non-parties like Dr. Megronigle, there are other provisions in the rules that provide for sanctions against non-parties who disrupt the discovery process, such as CR 37.02(1)-(2).

Modification of parenting time is governed by Kentucky Revised Statute (hereinafter “KRS”) 403.320. It is well settled Kentucky law that visitation should not be entirely denied without a finding that visitation would result in serious endangerment of the...

Applying Craig, the Kentucky Supreme Court found there was no showing of necessity, other than convenience to the witness, of balancing the victim’s interests that justified the surrender of the Defendant’s constitutional right of confrontation.

The Supreme Court addressed three issues: whether the circuit court erred in modifying the original maintenance award; whether the failure to name an attorney with an enforceable attorney’s fees award is fatal to an appeal; and whether the...

The Court of Appeals found that the Family Court “failed to state that its conclusions were made pursuant to the clear and convincing evidence standard.”