Category Archives: Evidence

Family Law and Bankruptcy Jurisdictional Intersection

You see, the divorce decree created an obligation between the ex-husband and ex-wife even though a third party was the direct creditor…. Continue reading

Posted in Attorney Fees and Other Costs, bankruptcy, Child support, Divorce / Dissolution of Marriage, Evidence | Tagged , , , , , , , , | 1 Comment

The role of Guardian ad Litem taking shape:

Family Court Judges and Domestic Relations Commissioners have long used private, independent lawyers to facilitate resolving custodial and timeshare disputes in divorces. These lawyers are appointed by the judge as a Guardian ad Litem who is to, in some manner or another, look out for the children involved. The role of that Guardian ad Litem (or GAL) can be a confusing and ambiguous thing. However, the Supreme Court of Kentucky has issued… Continue reading

Posted in Child custody, child protection, Divorce / Dissolution of Marriage, Divorce lawyer tactics, Evidence, Family Law, Time-share | Tagged , , , , , , , , , , , | Leave a comment

Hiding assets in a divorce – just not worth it

Sometimes people are tempted to leave assets off of these disclosures. This just seems silly to me. The other party nearly always discovers the omission. If assets are hidden, then that provides grounds for any settlement or judgment entered to be set aside and tends to piss off the judge…. Continue reading

Posted in Discovery, Distribution of property, Divorce / Dissolution of Marriage, Evidence, Family Law | Tagged , , , , | Leave a comment

Child Support and Timeshare

A recent Supreme Court of Kentucky decisions, McFelia v McFelia, (August 29th, 2013) highlights the importance of establishing appropriate child support from the get-go in a divorce action. In this case, the father agreed to standard child support per…. Continue reading

Posted in Child custody, Child support, Evidence, Family Law, Time-share | Tagged , , , , , | Leave a comment

Keeping it cool

On the more complex level, your posts and tweets can be used as evidence in a divorce hearing. They are admissible because they are an admission the party that made the comment. All the attorney has to do is authentic the post or tweet by asking you on the stand, “Do you recognize this comment? Did you make this comment?” and you are toast. So, resist the urge to express yourself. Return temporarily to the olden days where people got their gossip the old fashioned way rather than providing it directly with Facebook, Twitter and Google+ (sorry MySpace, I know no one who uses you). Keep the temperature of the divorce cool so that the damage is minimized and the chance of healing optimized. Continue reading

Posted in Evidence, Family Law | Tagged , , , , , , , , | 1 Comment