Thanks to John H. Helmers, Jr. for his comment on this proposed change to the civil rules: “It seems classic overkill to eliminate the use of the names of children from every pleading (Petitions for Dissolution of Marriage, Motions, Custody Evaluations, Affidavits) to prevent identity theft. Have there been verified instances where individuals have used...Read More
From the Family Law Profs Blog: Case Law Development: No Presumption of Undue Influence in Post Marital Agreements Absent Proof of Unfair Advantage “Wife filed for divorce. The couple then decided to try to reconcile and, as part of their resolution, they drafted a post nuptial agreement to settle their financial affairs. Four years later...Read More
The following proposed civil rule change is on the docket for the KBA June Seminar: CR 10.01 Caption; names parties – personal data identifiersRead More
The Court of Appeals is already, by order, putting most of these matters on a fast track, as well as child custody cases. The proposed rule would provide: CR 71.12(2)(a), (3)(b) and (4)(c) and (d) BriefsRead More
Where to file an appeal has frustrated many taking an appeal from Family Court. It you know which courts are established pursuant to Ky. Const. section 110 (5) (b) and section 112 (6), this proposed rule change will clear everything up: CR 73.01 (2): All appeals shall be taken to the next higher court by...Read More
Most of our category content is down, so what you see is not all you get. We’ll be working on the fix. Update: Fixed. Typepad tech support was quick!Read More
Rayborn v. Rayborn, 185 SW3d 641, (Ky., 2006) The actual distribution of remaining marital property and sale thereof did not result in the sort of substantial change in circumstances that could render a maintenance obligation nconscionable. Even if the initial divorce decree was done incorrectly and without adequate findings, the remedy is a direct appeal...Read More
Several years ago, at the behest of Gary Lowen, some local family lawyers began having informal “You Piss Me Off” dinners. The thought was that if we could get together, establish some real basis for getting to know each other on a personal level, and could vent at one another (in the presence of a...Read More
The Indiana Law Blog published this piece yesterday: “Two Kentucky law blogs added to ILB blog list The ILB has added two Kentucky law blogs to the list of links in the right-hand column, directly below the list of Indiana law blogs. They are the Kentucky Law Blog and the Kentucky Divorce and Family Law...Read More
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