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Divorce Archives

What is NKYDIVORCE.com?

NKYDIVORCE.com was the original web site of the Northern Kentucky Collaborative Lawyers.  The web address remains, and the Academy of Northern Collaborative Professionals, Inc.  The current group consists of 26 attorneys, 2 family specialists and 6 financial specialists.

New Year Resolution

If your New Year's Resolution included speaking to an attorney, only you can startt the process by making the call.  You can email me at [email protected] or call the office and schedule with my paralegal, Emily.  Email [email protected] or call 859-581-6453 (581-MIKE).

Holiday Custody

If you are arguing with your ex about custody over Christmas, first idea is to refer to your Decree or Parenting Plan.  The holidays are generally included as a default if the parents cannot otherwise agree. If you do not yet have a holiday schedule or parenting agreement, it is a good idea to try to come with an agreement.  Remember, BE REASONABLE.  Family court judges generally disfavor a party that they deem to be unreasonable.  If you refuse any parenting time over Christmas, you might expect that your ex will have that schedule next Christmas

Alimony Lump Sum v. Fixed Amount

Alimony is a frequently litigated issue due primarily to the fact that Kentucky does not have a fixed formula for determining alimony.  Alimony is based on a number of actors, but primarily is the disparity of income or earning ability and the length of the marriage.

What If My Ex Knows the Judge?

I'm often asked about conflict of interest; most often when a client is in fear that the other party has an "IN" with the judge. This may be a friend, friend of a  friend, or relative of the judge or the judge's family.  In Family Court, the judge is the sole decider of your case.  As such, if there is a conflict of interest or inherent bias for or against one party, it should be brought to the attention of the court. Many times the claimed conflict is nothing more than excitement and fear of the unknowing. Even more often, there is boasting between the parties about how one will easily win in court: whether because they are smarter, their attorney is better or they have a claimed inside track with the judge.  While often claimed, it is actually seldom the case.  That said, if you know the judge has a conflict, it is appropriate to ask the judge to recuse from hearing your case. If someone is claiming that their attorney is going to wipe the floor with your attorney, often it is as easy as asking about past experiences.  Does your attorney have history with opposing counsel?  Does your attorney have history with the judge?  This is often boasting without any real basis for the statement. While there certainly are some circumstances that there is a conflict, it is often easily rectified by simply asking the judge.  Most judges do not want to even give an appearance of impropriety.  If they are cousins, they will likely recuse (withdraw) without even asking.  A judge, who is an elected official, doesn't want to have a decision overturned (and a likely judicial complaint) by making a determination about a case where one party is a social friend. If you have a question about whether a judge should be deciding your case, discuss it with your attorney. For a consultation regarding divorce or custody in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email [email protected]

Sex Offender Registration & FaceBook

The United States Supreme Court struck down a North Carolina law that criminalizes use of social media by registered sex offenders in Packingham v. North Carolina on June 19, 2017.  A link to that Supreme Court decision is attached. This was a unanimous U.S. Supreme Court ruling, essentially stating that even a registered sex offender has first amendment rights regarding freedom of speech.  Kentucky, like many states, restricts convicted sex offenders from using social media.  This is expanded after the parole or probation period ends and is included with sex-offender registration which can include a 10 year, 20 year, or lifetime registration requirement. Kentucky law also criminalizes registrants from "knowingly or intentionally use a social networking Web site or an instant messaging or chat room program if that Web site or program allows a person who is less than eighteen (18) years of age to access or use the Web site or program." Of course, this includes Instagram, Twitter, FaceBook, SnapChat and many other social media websites. The supreme Court stated: A fundamental First Amendment principle is that all persons have access to places where they can speak and listen, and then, after reflection,s peak and listen once more.  Today, one of the most important places to exchange views is cyberspace, particularly social media, which offers "relatively unlimited, lo-cost capacity for communication of all kinds. It is unclear whether this change will also apply to persons who are on probation or parole, where the use of certain media may be limited as a condition of probation/parole.  There are other crimes in Kentucky regarding registration which may be impacted, but not directly addressed by this Court ruling. Those include registration of your email addresses, FaceBook and other social media accounts. Best legal advice is to report all accounts until/unless the law changes. Time and case law will ferret out whether failure to report your account remains a criminal act. If you have questions or concerns, contact a criminal defense attorney. For consultation in Kentucky, call Michael Bouldin at 859-581-6453 or email [email protected]

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