One question that frequently arises in the context of divorce is whether one spouse may claim rights to another spouse’s inheritance that was acquired either before or during the marriage. At divorce, property is classified as either marital or nonmarital. Nonmarital property is restored to each spouse as his or her separate property and marital...Read More

Parish v. Petter  Fayette Circuit Court After a banquet for a business fraternity to which Nathaniel Parish (“Parish”) and Kaitlynn Patrice Petter (“Petter”) belonged, Parish and Petter attended an after-party at an apartment complex. Petter then invited some people from the after-party to her home. At Petter’s home, she went into a room to retrieve...Read More

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...Read More

If you divorce your spouse, the parent that the court determines should be the legal custodian will generally have the authority to make medical decisions for your child.Read More

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.Read More

Judges should be particularly vigilant in guarding against those opinions when the medical experts that appeared in the FOC’s report do not themselves testify.Read More

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...Read More

Andrews v. Andrews Fayette County Circuit Court The parties were divorced in 2015, and their settlement agreement was incorporated into the decree of dissolution. The settlement agreement provided that Husband would pay Wife $4,000 per month in maintenance. Husband unilaterally reduced his payments to $1,000 after a decrease in his pay. Wife filed a motion...Read More

Once you have decided to pursue a divorce from your spouse, the question may arise whether it matters if you are the first to file the divorce. The short answer is no, but there are some advantages and disadvantages to filing the petition. Being the spouse who files the petition means that you have the...Read More

The end of a marriage can be an extremely confusing, stressful and highly emotional event. In order to make decisions that are within your control and in your best interest, minimizing conflict is essential. The following are some strategies for navigating the divorce process with a minimum of conflict. Focus your attention on the things...Read More