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

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

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

In Kentucky, marital property is divided pursuant to KRS 403.190 “without regard to marital misconduct in just proportions considering all relevant factors including.” Not all property is marital property. The statute sets aside nonmarital property which is not subject to equitable division. KRS 403.190(2) describes nonmarital property as follows: “(a)Property acquired by gift, bequest, devise,...Read More

The first step in any divorce is finding someone to guide you though the process. The right guide will be able to answer your questions, explain the divorce process, and prepare you for what is likely to come. You may want to consider making an accounting of the family finances prior to obtaining advice so...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

The Kentucky Supreme Court has issued an order regarding parenting time and Covid-19. Administrative Order 2020-14 provides guidance to parties with custody and parenting time orders.Read More

When discussing arbitration with your legal counsel, you will want to talk through the potential advantages and disadvantages. Advantages of divorce law arbitration include: The ability of participants to decide who will be their judge. Parties can select an arbitrator with particular expertise, such as business valuation, retirement plans, tax, nonmarital tracing issues, mental health,...Read More

Alternative Dispute Resolutions (“ADR”) include divorce mediation, arbitration, and collaborative family law. Kentucky Courts regularly order family law cases to mediation, but arbitration is used much less frequently. What is arbitration? The American Bar Association describes arbitration as “a private process where disputing parties agree that one or several individuals can make a decision about...Read More

K.S. V. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES Trial court terminated the parental rights of young, autistic mother who was compliant with all Cabinet recommendations. Mother appealed arguing the trial court erred because the Cabinet had not demonstrated the statutory grounds for termination by clear and convincing evidence. The Court of Appeals...Read More