September 2012 Archives

Civility and Divorce - a Primer

OK, so life didn't work out as planned, you're getting a divorce (or if unmarried, you are splitting up a household), and you are feeling  enthusiasm over the fact that you are no longer going to have to live with your significant other as a lover.

Spousal Maintenance in Kentucky

A major issue which arises in the dissolution of a longterm marriage is that of spousal maintenance, otherwise known as alimony. Practitioners of the law all too frequently present it to clients as an "it exists, live with it" proposition, and laymen understand it only as the nebulous concept of alimony. Sadly, this conclusive and nonexplanatory concept is constantly reinforced in the opinions of both trial and appellate courts; further obfuscation comes from the earnest efforts of legal scholars in creating voluminous (and largely incomprehensible to anyone outside the legal community) articles on the topic.

Shared Parenting and Child Custody

I've spoken on the conjoined topics of shared parenting and child custody in Kentucky in the past, but as this is a frequently misunderstood matter, it is important to revisit the issues from time to time.  By statute, rule and case law, the minimum allocation of shared parenting time in a child custody case is very narrowly defined. Under our Family Court Rules of Practice and Procedure, the minimum is every other weekend, with an overnight to occur midweek. In the Louisville area, we often find an increasing willingness on the part of family court judges to allocate time on a far more equal basis (provided that there is a suitable home environment in each).  Further, due to the circumstances of modern life, courts are often willing to make allowances due to the unusual work schedule needs of emergency service personnel, people working in health care and those who find themselves traveling as a requirement of employment.

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