April 2012 Archives

Keeping One's Wits in a Divorce or Family Law Dispute

Sadly, we occasionally see people in divorce or family law litigation who make bad decisions at each step of the process.  These tend to be rooted in vindictiveness, pride or stubbornness, and lead to negative results.  As we've discussed before, in Kentucky, it is very difficult to obtain a mulligan (or "redo", for all non-golfers), so it is very important to attempt good decisionmaking from the start.  

Property Division in Divorce - Is It Final?

While some aspects of a divorce decree are modifiable at later times under specific, limited circumstances (alimony/maintenance, the allocation of parenting time and child support), property division is nearly sacrosanct.  This point was recently brought home once again in a New York court, where a divorce litigant made an initial marital settlement agreement based on his belief that the millions of dollars he had invested in one of Ponzi fraudster Bernie Madoff's bogus funds were safe.  Of course, like may others, he learned later that he had been taken, and that nearly all of his investments were worthless. At the lower levels, the New York courts agreed with him, but this was eventually reversed on appeal in an opinion by the New York Court of Appeals.

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