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Divorce Law Journal 
Divorce and family law info for professionals in Kentucky and beyond.
Post Frequency: 5.4/day Last Entry: March 28, 2011 at 14:10:35 Recent Entries: 367
By Diana L. Skaggs, Esq.
Go to Divorce Law Journal, find other Family Law blogs, or browse all law blogs.
Gaskill V. Robbins, Goodwill In Business Value, 50/50 Property Division
Posted on March 10, 2009GASKILL V. ROBBINS DIVISION OF MARITAL PROPERTY, GOODWILL 2007-SC-000190-DGE PUBLISHED: AFFIRMED PANEL: NOBLE PRESIDING; CUNNINGHAM, SCHRODER, VENTERS AND SCOTT CONCUR; ABRAMSON CONCURS IN PART AND DISSENTS IN PART COUNTY: WARREN DATE RENDERED: 2/13/2009 SC considered whether the goodwill of a closely held or sole proprietorship business can have both personal and enterprise values, and whether TC improperly assumed that it must make a 50-50 division of the marital assets...
Herald v. Herald, UCCJEA (Child Custody Jurisdiction)
Posted on February 27, 2009HERALD V. HERALD CHILD CUSTODY JURISDICTION (UCCJEA) 2008-CA-000601 PUBLISHED: VACATING AND REMANDING PANEL: THOMPSON PRESIDING; STUMBO AND GUIDUGLI CONCUR COUNTY: KENTON DATE RENDERED: 2/13/2009 Dad appealed KY TC?s ruling awarding custody of 3 children to Mom, contending that KY TC lacked jurisdiction to make such an order under UCCJEA...
U.S. Supreme Court Decides Pension Beneficiary Following Divorce And Death
Posted on February 26, 2009The U.S. Supreme Court issued a unanimous decision in Kennedy v. DuPont. The Court held the plan administrator of an ERISA benefits plan should pay plan benefits to wife #1, who was the designated plan beneficiary on a designation executed during the marriage and not to wife #2, who was married to the deceased participant spouse at the time of his death...
No To Be Published KY COA Family Law Cases Released Today
Posted on February 20, 2009Unless you consider David V. Johnson, that is. Decedent's step-child who was not legally adopted may not recover share of damages under wrongful death statute.
Ky S. Ct. Decides Buisness Valuation Goodwill Case Today
Posted on February 19, 2009Kentucky finally joins the majority in distinguishing between personal and enterprise goodwill in business valuations. Court also cannot factor in a non-existent non-compete agreement to enhance a professional practice valuation. It's about time! Gaskill v...
Ky UCCJEA COA Decision February 13, 2009
Posted on February 14, 2009A digest of Hearld v. Hearld, custody jurisdiction under UCCJEA, will be posted soon
Hines v. Carpenter, Ky COA, Damages From Supersedeas Bond Pending Appeal Of Child Support
Posted on February 12, 2009Hines v. Carpenter, __ S.W.3d __ (Ky. App. 2009), 2006-CA-002173-MR The trial court entered a summary judgment in favor of Hines for back child support owed by Carpenter. Carpenter appealed the judgment and posted a supersedeas bond to stay the collection of the judgment while the appeal was pending...
Ruby v. Ruby, Ky COA, Domestic Violence, Recusal,Voluntary Dismissal
Posted on February 10, 2009Ruby v. Ruby DOMESTIC VIOLENCE HEARINGS AND VOLUNTARY DISMISSAL 2008-CA-000122 PUBLISHED: REVERSING AND REMANDING PANEL: THOMPSON PRESIDING; MOORE CONCURS; HENRY CONCURS IN PART AND DISSENTS IN PART COUNTY: JEFFERSON DATE RENDERED: 1/23/2009 Husband appealed from TC?s entry of DVO, asserting that TC judge should have recused; that it should have granted his request for continuance and his request to obtain Wife?s mental health and prescription records; that his constitutional rights were violated because he was denied assistance of counsel, the right to confront witnesses against him, and to present his own witnesses; and that TC should have vacated DVO pursuant...
One To Be Published Ky COA Family Law Decision Released 2/6/09; None Released 1/30/09 Due To Weather
Posted on February 09, 2009A digest of Hines v. Carpenter will be posted shortly. It affirms the denial of motion to compel lump sum payment for damages where father posted supersedeas bond on judgment for back child support.
Bell v. Cartwright, Ky COA, Child Support Modification, Income Exceeds Guidelines
Posted on January 31, 2009BELL V. CARTWRIGHT MODIFICATION OF CHILD SUPPORT 2008-CA-001137 PUBLISHED: VACATING AND REMANDING PANEL: LAMBERT PRESIDING; TAYLOR AND GRAVES CONCUR COUNTY: CLARK DATE RENDERED: 1/16/2009 Dad appealed from TC?s order increasing his child support obligation to Mom from $1,225 per month to $4,000 per month...
LBA Family Law Awards
Posted on January 27, 2009Last week at the Louisville Bar Association annual Bench & Bar dinner, out-going Family Law Section chair Michelle Eisenmenger Mapes was presented the 2008 Co-Section of the year award along with the litigation section. Michelle set this as her goal early last year and worked tirelessly to present great CLE and to raise money for a sleeping room at the Center for Women and Families to serve victims of domestic violence...
LBA Family Law Awards
Posted on January 27, 2009Last week at the Louisville Bar Association annual Bench & Bar dinner, out-going Family Law Section chair Michelle Eisenmenger Mapes was presented the 2008 Co-Section of the year award along with the litigation section. Michelle set this as her goal early last year and worked tirelessly to present great CLE and to raise money for a sleeping room at the Center for Women and Families to serve victims of domestic violence...
One To Be Published Ky COA Decision January 23, 2009
Posted on January 26, 2009Ruby V. Ruby, DVO entered but parties then entered into an agreed order dismissing the DVO. Trial court declined to enter agreed order, amending DVO to no unlawful contact instead. Court of Appeals affirmed entry of DVO but remanded to trial court to conduct a hearing on circumstances surrounding agreement to dismiss DVO.
Kentucky Supreme Court January 2009 Family Law
Posted on January 23, 2009No to be published family law decisions were released by the Kentucky Supreme Court yesterday. Discretionary review was granted in Mullins v. Picklesimer, (child custody, lesbian partner of biological mother). The Court of Appeals opinion is here and our digest is here...
Kentucky Supreme Court January 2009 Family Law
Posted on January 23, 2009No to be published family law decisions were released by the Kentucky Supreme Court yesterday. Discretionary review was granted in Mullins v. Picklesimer, (child custody, lesbian partner of biological mother). The Court of Appeals opinion is here and our digest is here...
Ky Chapter of American Academy of Matrimonial Lawyers Elects New Officers
Posted on January 22, 2009Tuesday night the Kentucky Chapter of the American Academy of Matrimonial Lawyers elected new officers who will each serve for two years. Mitchell Charney became President, Melanie Straw-Boone is President-Elect, Martha Rosenberg remains Vice President, Mark Ogle is Secretary, and Louis Waterman is Treasurer...
Ky Chapter of American Academy of Matrimonial Lawyers Elects New Officers
Posted on January 22, 2009Tuesday night the Kentucky Chapter of the American Academy of Matrimonial Lawyers elected new officers who will each serve for two years. Mitchell Charney became President, Melanie Straw-Boone is President-Elect, Martha Rosenberg remains Vice President, Mark Ogle is Secretary, and Louis Waterman is Treasurer...
One To Be Published Ky COA Family Law Case Today
Posted on January 16, 2009Bell v. Cartwright, et al. Child support increase reversed where no substantial evidence to show the increase related to child?s reasonable needs and not simply father?s increased income. Father is employed by Miami Dolphins.
Rivers v. Howell, Ky COA, Domestic Violence
Posted on January 07, 2009Rivers v. Howell, __ S.W.3d __ (Ky. App. 2008), 2008 WL 5428209 Howell filed a domestic violence petition against Rivers. The trial court found that Howell had standing to seek a Domestic Violence Order as a member of an ?unmarried couple? as defined in KRS 403...
Rankin v. Criswell, Ky COA, Domestic Violence
Posted on January 07, 2009Rankin v. Criswell, __ S.W.3d __ (Ky. App. 2008), 2008 WL 5429320 Criswell filed a petition, on behalf of her two minor children, for a domestic violence order against her former husband, Rankin. Criswell alleged that Rankin sexually abused the parties? daughter 7 or 8 years ago...
Rivers v. Howell, Ky COA, Domestic Violence
Posted on January 07, 2009Rivers v. Howell, __ S.W.3d __ (Ky. App. 2008), 2008 WL 5428209 Howell filed a domestic violence petition against Rivers. The trial court found that Howell had standing to seek a Domestic Violence Order as a member of an ?unmarried couple? as defined in KRS 403...
Two 12/31 To Be Published Ky COA Domestic Violence Cases
Posted on January 05, 2009Rankin v. Criswell, et al, DVO reversed where court read dependency files without informing parties of contents nor admitting them into evidence and only evidence was petition which contained hearsay. Rivers v. Howell, DVO reversed because Howell lacked standing, as she had never lived with Rivers.
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This is a very tough situation your friend is in. It is difficult to know the ex...
He is a very smart man who is always looking for ways around things. The judge granted our divorce for December 12,2007, and my ex-husband told me that he just got married just before Thanksgiving. He is a student at Cal
i can answer that for you. with all due respect. better your own life just as i ...
This case is regarding a case settlement from a divorce in 1990 and turned into an estate matter. The attorney I hired was to charge the estate for his legal fees in which I understood was legal. after the court settleme
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Must I refinance my house aftering taking full ownership after a divorce via a quit claim?
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My exwife got a judgement aganst me. years latter i remarried and bought a home i told my new wife that I was not sure about owning real property so soon . our realtor told us I could file a quick claim deed. i sign it t
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