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“The 72,000-member New York State Bar Association has listed merit selection of judges, adoption of no-fault divorce and equal rights for same-sex couples as among their key legislative priorities for 2007. ” Source: The Business Review
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Lane v. Lane, 202 S.W.3d 577 (Ky. 2006) Issue and Holding: Whether an ante-nuptial agreement, entered into by the parties three days prior to their marriage, can be strictly enforced as written after a nine and a half year marriage and change of circumstances. The Court held no, portions of the agreement were unconscionable at...
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In an opinion rendered today which is designated to be published, but not yet final, the Kentucky Court of Appeals held KY lacked jurisdiction under the UIFSA to modify support as neither parent nor the child resided any longer in KY, but retained jurisdiciton to enforce its judgment as to arrearages. Gibson v. Gibson.
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Crouch v. Crouch, 201 S.W.3d 463 (Ky. 2006) Issue and Holding: Whether order stating that the mother had been called to active military duty and that the parties agreed the child would reside with the father “until further orders of the court” is a temporary order or permanent modification of a joint custody order. The...
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In May, 2006 when we posted some of the proposed civil rules changes, we tracked the changes so you could see what was added and/or deleted from the proposed rule. The changes were not hightlighted when finalized and published in the Bench and Bar, so we thought it might be helpful to repost so you...
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Stratton v. Commonwealth, 182 S.W.3d 516 (Ky. 2006) Issue and Holding: Whether the Cabinet for Families and Children is protected by the doctrine of governmental immunity from suit. The Court held yes, since the Cabinet’s investigations into allegations that a child was abused and its subsequent actions were discretionary, there was no waiver of immunity...
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Rayborn v. Rayborn, 185 S.W.3d 641 (Ky. 2006) Issue and Holding:
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New article about Collaborative Divorce, in ABA Young Lawyers Division newsletter, summarizes key features of this important new divorce process and Want to know what young lawyers are saying about collaborative divorce? are two new posts by Pauline Tessler in at Family Law News Blog.
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Bluegrass Reports notes that a covenant marriage bill (BR409) has been pre-filed in the Kentucky legislature. Check out the lively comments. Thanks to Michael O’Dell Walker for directing me to this post.
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Welch v. Velten, 185 S.W.3d 163 (Ky. 2006) Issue and Holding: Whether a party’s motion to dismiss her opponent’s appeal pursuant to Kentucky Rules of Civil Procedure (CR) 76.34(6) suspends the running of time within which that party may file a notice of cross-appeal, pending a ruling on the motion to dismiss. The Court held...
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