February 2014 Archives

Family Law Policy Change on Same Sex Marriages in KY

A major shift of family law policy in Kentucky regarding same sex marriages performed in other states has come about through a ruling from an unexpected source.  US District Judge John Heyburn has ruled that Kentucky is required to recognize same sex marriages and domestic partnerships performed in other states, regardless of language in its Constitution and statutes prohibiting recognition of those unions.

Why Claim Spousal Maintenance?

A major issue that arises in the breakup of  longterm marriages in Kentucky is that of spousal maintenance, also known commonly as alimony. Attorneys all too frequently present it to clients as an "it exists, live with it" proposition, and laymen understand it only in the abstract. Sadly, poorly defined legal precepts on maintenance are 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.

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