Blog Posts in November, 2014

Davis v. Davis, et al.

On November 26, 2014 the Kentucky Court of Appeals issued an unpublished opinion related to the rights to a former spouse to collect against an insurance policy. The parties in this action reached a settlement agreement, but did not have the agreement approved by the Court and so the agreement never became an order of the court. The agreement would have required the former husband to maintain a ...

Property division in Kentucky can be a complicated endeavor

It may be easy to assume that a couple's property is split evenly in half when they divorce. However, this may not always be the case, and seeking help from a Louisville family lawyer may be in the best interests of the whole family. Property division is a complex issue. In Kentucky, marital property - that is, property and assets obtained while the couple was married - is divided by the court in ...

US Supreme Court to hear case on domestic violence and first amendment

he United States Supreme Court is going to hear a case about the intersection of the first amendment and protection orders. A man, who had been convicted of domestic violence, wrote on a facebook about harming his wife, and quoted Eminem lyrics. The man was sentenced to jail over his posts. The man has now appealed claiming a first amendment right to such postings. Reads more about the case here: ...

Fraley v. Maxey

In an interesting decision about retirement accounts the Kentucky Court of Appeals issued an opinion in Fraley v. Maxey on November 21, 2014 that allowed for a litigant to trace the increase in value of a portion of non-marital account. This affirms a practice that Louis P. Winner has been advocating for about the last two years. The opinion is unpublished. Fraley v. Maxey

Price v. Price

On November 21, 2014 the Kentucky Court of Appeals decided a child support issue where it found the Boyd Circuit Court had abused its discretion by requiring a parent to divide the transportation cost of a child to and from extracurricular activities in addition to child support. This case is styled Price v. Price and is deemed "not to be published." The Price decision relied upon the published ...

Harold Hamm's billion-dollar divorce reaches an end

High-asset divorce cases often capture the nation's attention, due to the money involved. Kentucky readers may be interested in the recent story of a billionaire's highly-publicized divorce. The divorce between Harold Hamm, chief executive officer of Continental Resources, and his wife has been finalized to the tune of almost $1 billion. Hamm's wife was awarded over $995 million. Hamm's ex was ...

Understanding grandparent visitation rights in Kentucky

After a divorce, if a couple in Kentucky has children, they will need to make child custody arrangements. Oftentimes parents stay true to these arrangements. However, there are times when one parent keeps a child from visiting their ex's parents - the child's grandparents. Many grandparents adore their grandchildren and relish the opportunity to be with them as they learn and grow. Having a ...

What are the property division guidelines in Kentucky?

Dividing property after a divorce is not always easy, especially when a couple leaves the decision-making up to a judge. Readers of this blog may wonder, what guidelines do courts in Kentucky follow when allocating property to one spouse or the other? In a divorce proceeding, unless the couple has worked out an agreement out-of-court or there is a valid prenuptial agreement in place, the court is ...