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December 2014 Archives

Divorce New Year Resolution

Now that the holidays are almost over, many people put in their New Year's Resolutions.  If your new years resolution includes separation or divorce, you should first consult with an attorney and get your legal affairs in order. January is a good time each year for self evaluation.  If you have been considering divorce, especially if you are considering collaborative divorce, contact the Bouldin Law Firm and schedule an appointment with an attorney who has been practicing divorce law in Northern Kentucky for over 20 years.  Our staff can provide information relating to separation, moving, abandonment and prepare you for financial change, custody and visitation, as well as child and potentially spousal support. Find out how a separation will affect you financially before you determine your best course of action.  Information leads to confidence, control and success. There are four judges in Northern Kentucky counties of Campbell, Kenton and Boone who will hear your divorce case in the family courts.  While each judge follows the law, each has his/her own unique perspective on parenting and support.  Any litigant who intends to separate will benefit from the knowledge of an attorney who regularly practices before these judges and has been handling family law cases prior to any of these judges taking the bench. If you have been served with papers, be sure to promptly answer the Summons and file a Response to the Petition for Dissolution. If you need to consult with counsel, feel free to contact our office to schedule an appointment with Emily or Mike by calling 859-581-6453 (581-MIKE) or email at [email protected]  

What Is Vehicular Homicide?

In Kentucky, there is no specific statute regarding vehicular homicide.  If you are operating a vehicle and are involved in an accident that results in death, you may be charged under a variety of different statutes. Criminal law requires some degree of culpability.  As such, there are some accidents that are just that: accidents.  If you are involved in an automobile accident, even involving death, you may not be charged with any crime.  If, however, there is a belief that your conduct was intentional, wanton or reckless, you may be charged with criminal behavior. For example, if you are drunk and operating while impaired by drugs or alcohol, it is likely that a prosecutor will charge with reckless or wanton conduct.  This is in addition to the DUI charge that will likely be brought.  The difference may be from a very serious charge of murder or manslaughter, or a less, but still serious charge of manslaughter 2 or reckless homicide.  All of these charges are considered felonies in Kentucky, but carry very different amounts of jail, probation and timing for potential parole. A criminal charge can vary and may have very different possible outcomes, for example:

Do You Really Want Your Criminal Defense Attorney Unhappy?

In dealing with criminals one may expect that some of them are less than honest at times.  As a practicing criminal defense attorney in Northern Kentucky and Cincinnati for over 20 years, I realize this is a possibility.  That said, it is beyond belief that a criminal defendant would want their attorney to be unhappy. If you do not pay your attorney, they will not be pleased. It is hard to work for someone who does not honor their financial obligations. Imagine going to work and your boss doesn't give you a check on Friday.

NKy Holiday Custody Schedule

Each court in Northern Kentucky has their own standard parenting schedules, whether Kenton, Campbell or Boone.  Following are examples and the current standard orders. Each family court has standard holiday schedules for visiting with children.  Many people have Settlement Agreements or Custody Agreements which outline each parent's rights, responsibilities and specific parenting times during the holiday season.  If you do not have a completed holiday Agreement or Orders from the Court, you are highly encouraged to work with your spouse to formulate a plan that is in the child(ren)'s best interest.  Absent agreement, most family law attorneys will suggest that you follow that county family court's Standard Holiday Schedule. Campbell, Kenton and Boone Counties all have their own schedule for parenting time during the holidays.  Unfortunately, the Christmas schedule differs for each jurisdiction, as follows: For all even numbered years (2014), the Boone County schedule is that the Mother enjoys parenting from 12/24 at noon until 12/25 at noon and Father enjoys parenting time from 12/25 at noon until 12/26 at noon.  Kenton County schedule is that Father has 12/23 at noon until 12/24 at 10:00 p.m. and Mother has 12/24 at 10:00 p.m. until 12/26 at 6:00 p.m.  Campbell County says that in the first full year after the divorce is filed, the non-residential parent shall have from the day after school until 12/25 at noon, alternating every other year.  (This is often confusing because "residential parent" status may not be determined... realize that whatever you get this year will likely be what the other parent gets next year.)  It is suggested that if you cannot agree, use the Mother as residential parent. If you have questions or concerns, contact your attorney.  If you are in Northern Kentucky and do not have an attorney, you can ask questions or schedule a consultation with the Bouldin Law Firm by contacting Mike or Emily at 859-581-6453 or email [email protected] or [email protected].

Holiday Divorce in KY

The holidays are a difficult time for many families in Northern Kentucky and throughout.  The additional financial stress causes conflict between parties and may be the proverbial "straw" that leads to divorce.  Holidays also provide for adjustments in traditions during periods of divorce. Each family court has standard holiday schedules for visiting with children.  Many people have Settlement Agreements or Custody Agreements which outline each parent's rights, responsibilities and specific parenting times during the holiday season.  If you do not have a completed holiday Agreement or Orders from the Court, you are highly encouraged to work with your spouse to formulate a plan that is in the child(ren)'s best interest.  Absent agreement, most family law attorneys will suggest that you follow that county family court's Standard Holiday Schedule. Campbell, Kenton and Boone Counties all have their own schedule for parenting time during the holidays.  Unfortunately, the Christmas schedule differs for each jurisdiction, as follows: For all even numbered years (2014), the Boone County schedule is that the Mother enjoys parenting from 12/24 at noon until 12/25 at noon and Father enjoys parenting time from 12/25 at noon until 12/26 at noon.  Kenton County schedule is that Father has 12/23 at noon until 12/24 at 10:00 p.m. and Mother has 12/24 at 10:00 p.m. until 12/26 at 6:00 p.m.  Campbell County says that in the first full year after the divorce is filed, the non-residential parent shall have from the day after school until 12/25 at noon, alternating every other year.  (This is often confusing because "residential parent" status may not be determined... realize that whatever you get this year will likely be what the other parent gets next year.) If you have questions or concerns, contact your attorney.  If you are in Northern Kentucky and do not have an attorney, you can ask questions or schedule a consultation with the Bouldin Law Firm by contacting Mike or Emily at 859-581-6453 or email [email protected] or [email protected].

What is RENU?

The Regional Narcotics Unit in Hamilton county is comprised of officers and investigators from various agencies in and throughout Hamilton County.  It is akin to the Northern Kentucky Drug Strike Force in Northern Kentucky.  RENU and NKY prosecute cases in both the state court as well as federal level. The RENU is comprised of officers from Hamilton County Sheriff's Office, Cincinnati Police Department, Green Township Police Department and Anderson Township. Often, the RENU also works in association with Federal ATF, DEA and FBI. If you or a loved one has been arrested by RENU, you will likely have great difficulty finding information on line.  In the event that the defendant can be of assistance, it benefits him/her to not have their information readily available online.  For example, if the defendant may be giving information relative to suppliers or other dealers, having their information online of being arrested will allow the others to locate their information and avoid further information becoming public. Your attorney will work with the RENU and should be able to tell you all information regarding court dates.  Much information is intentionally If you have been arrested by RENU, you have BIG concerns.  You are likely facing felony charges for trafficking narcotics and need to hire an experienced criminal defense attorney.  For consultation and questions, call Michael Bouldin at 859-581-6453 or email at [email protected]

Divorce v. Dissolution

In Kentucky there is no longer the legal term of divorce, however it is often interchanged for dissolution.  All divorces are legally dissolution of marriage in Kentucky.  Divorce implies a legal cause of action wherein dissolution is not based on legal fault of either party. KRS 403.010 provides: Court may grant divorce -- Remarriage. A jury shall not be impaneled in any action for divorce, alimony or maintenance, but courts having general jurisdiction may grant a divorce for the cause set out in this chapter.  A decree of dissolution of marriage authorizes either party to marry again. In order to obtain a dissolution of marriage, KRS requires the following: 403.025 Proof in action for dissolution of marriage; credible witnesses. (1) The statements of a petition for dissolution of marriage concerning the residence of the parties and irretrievable breakdown of the marriage shall not be taken as true because of the respondent's failure to deny the statements, and the facts as to residence of the parties must be proved by one (1) or more credible witnesses. (2) The petitioner or respondent in an action for dissolution of marriage may be considered a credible witness, within the meaning of subsection (1) of this section, to be utilized in order to prove residency This sounds so incredibly simple.  Alas, it often is not.  The dissolution of marriage almost always involves separation of assets, division of debts, restoration of non-marital assets.   A dissolution may also involve child custody, visitation and support, spousal maintenance and temporary issues regarding payment of expenses and exclusive use of a marital residence. If you do not have an attorney helping you through the process, you are making a mistake.  For consultation and advice in Northern Kentucky counties of Kenton, Campbell and Boone, contact Michael Bouldin at 581-MIKE (859-581-6453) or email at [email protected].

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