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 ...Read More

M.C. v. Com., Cabinet for Health and Fam. Servs. Calloway Circuit Court Questions Presented: KRS 600.020(1). Abused or Neglected Child. Sufficiency of Evidence. Evidence of parent’s consumption of alcohol was not sufficient to support a finding that the children were abused or neglected under the statute and did not warrant removal. Father is the biological...Read More

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...Read More

Blackaby v. Barnes Shelby Circuit Court Questions Presented: Grandparent visitation. Adoption. Under circumstances involving a maternal grandmother’s adoption of a child which was being contested by the father at the time of his death, with no notice to the paternal grandfather of either the adoption proceeding or the possibility that ongoing visitation would not continue,...Read More

A.K.H. v. J.D.C. Jefferson Circuit Court In December of 2014, Biological Father intentionally drove his car into his and Mother’s residence while Mother and Child were inside the home, which resulted in criminal charges being filed against him. He pleaded guilty to felony wanton endangerment, and a domestic violence order was also entered prohibiting him...Read More

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...Read More

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...Read More

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....Read More

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...Read More

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,...Read More