May 2012 Archives

Lawyer Versatility and Divorce - Experience Counts

One critical item rarely considered by those who are entering the divorce process is the number of legal fields which a family lawyer must have better than passing familiarity on while advising the client and litigating the case.  Here in Louisville (and in Kentucky in general), we are fortunate in that our family courts grant a fair amount of latitude in arguments and don't require skilled counsel to present panels of experts on each item of valuation or each ramification of differing allocation of parenting time.  As a result of this latitude, however, we must be alert to bedrock principles of law, the vagaries of local economics,local  educational performance issues, and in our analyses we should know our limitations and be willing to bring in outside help and testimony if needed.

Facebook, Twitter and Divorce, Redux

Back in February and again in April, I warned people who are in a divorce or other family law dispute about being cautious about the information shared over social media sites such as Facebook or Twitter, and implored restraint on the texts they post.  All too frequently, I wind up either using them against a litigant or defending against their use against my clients, and judges in Louisville are more than willing to base portions of their rulings on statements made over media designed to broadcast to the public.

Preparing for the Worst - Pre-Divorce Planning

A divorce is rarely a spur-of-the-moment event.  Over the months prior to the actual filing, there is usually a period of stagnation, because the decisions to be made are difficult, costly and have a huge impact on the lives of the litigants.  Allocations of parenting time, schooling decisions, child support, alimony/spousal maintenance and the division of hundreds of thousands of dollars' worth of assets and debts all have to be reckoned with, all while the couple is under severe emotional stress. At the same time, the couple may also be attempting some actions to salvage the relationship.

Moving from Kentucky After Divorce? Child Custody Issues

A long-distance move after a divorce always brings complications when there are child custody issues.  Even a simple cross border move when parents will still live only a few miles apart can have major impacts on school attendance, and coordination of vacation schedules in cross-border blended families can be, at best, a daunting experience.  In the not-distant past, we in family law frequently saw some moves that could only charitably called high-handed, when one parent would either move to another state or to a distant county in Kentucky, forcing the other parent to scramble in order to regain some measure of parenting time.  In other instances, we would see moves that were seemingly agreed, yet the party who never left would grab the child at the first opportunity while attempting to game the legal system through a series of temporary orders.

To Litigate or Negotiate? Family Law Realities

Sometimes, the best efforts of litigators, mediators and counselors to effect an agreed outcome in a family law case aren't successful. This can happen for any number of reasons, some seemingly petty, some of grave importance. A few of the reasons I've seen over the years are:

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