It has long been the law of the Commonwealth of Kentucky that guardians of disabled adults can assist with many tasks, but filing a divorce case on the ward’s behalf has not been one of those tasks. (A ward is the incapacitated / disabled person who has a guardian). One can imagine the frustration that...Read More

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

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

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

A deposition is a discovery tool by which your attorney can obtain sworn testimony from a witness outside of the courtroom and the presence of the Judge.Read More

Gonzalez v. Dooley Warren Circuit Court Before Wife petitioned for divorce, Husband and Child relocated to Kansas City, Kansas, where Husband’s parents lived. Wife contended that Husband did not consult her about the relocation but rather that Husband had sent her a text message that he was going to look for employment and would return...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

The CARES Act provides recovery rebates or economic impact payments for qualified individuals of up to $1,200 ($2,400 in the case of a joint return) and up to $500 for each qualifying child. If you have already filed a 2019 tax return, the IRS will use 2019 to calculate the payment amount and issue the...Read More

Ford v. Ford   Trial court refused to set aside a handwritten Mediation Agreement Order signed by the parties and their attorneys and incorporated into the dissolution decree. The Agreement was never formalized into a typewritten document. The parties did not have any appraisals of their residential and commercial real property performed to aid in dividing...Read More

Brockman v. Brockman   On appeal, Former Husband argued the Trial Court lacked Subject Matter jurisdiction to enter a divorce decree because neither party resided in Kentucky for 180 days prior to the filing of the petition. Former Husband also argued the Trial Court lacked jurisdiction to make a custody determination under KRS 403.800.  ...Read More