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Elizabethtown, Kentucky, Law Blog

Elizabethtown man faces 20 years in prison for fifth DUI

An Elizabethtown man may face up to 20 years in prison after a Hardin Circuit Court jury sentenced him for his fifth DUI conviction in eight years. The sentence clearly reflects the community's attitude toward those who repeatedly get behind the wheel after drinking, and the message is hard to miss.

While the man will be eligible for parole after serving at least four years of his sentence, it is still illustrates very plainly that Kentucky does not consider repeat DUI offenses to be a small matter.

Protecting inheritances in divorce

When you set about negotiating a fair division of property in divorce, you may worry that your inheritance is in danger of getting divided like the rest of your property. Fortunately, inheritances generally enjoy an extra layer of protection from property division, but there some important exceptions to consider.

While inheritances are usually not considered marital property, the matter can get murky depending on when you received your inheritance and the ways you chose to use it or hold it. In general, property is very difficult to keep off the negotiation table the more interaction your spouse had with that property.

Why would I use a postnuptial agreement?

Postnuptial agreements have gained popularity in recent years, as their cousin, the prenuptial agreement, has come back into public favor. But what exactly is a postnuptial agreement, and how can it help you? Postnuptial agreements do not have all the strength of a prenuptial agreement, but can still lay out ground rules for how property is divided, which can greatly alleviate tension in a marriage.

Prenuptial agreements involve some legal muscles that postnuptial agreements do not have. Namely, prenuptial agreements can protect one spouse from being liable for the other spouse's personal debts. if you did not take advantage of this opportunity before getting married, a postnuptial agreement cannot offer the same protections. However, postnuptial agreements can help dissolve some financial tensions and relieve pressure in a marriage.

Why would I insure my child support payments?

As a parent, it can be difficult to know how to responsibly care for your children during and after a divorce. The process can be draining on your time, resources and mental bandwidth, making it very difficult to remain on top of every aspect of the process. One key piece of preparation when it comes to making sure that your family has what they need even if your circumstances change is to insure your child support payments.

Child support payments are the right of the child, even though you make those payments to the child's other parent. However, if you pass away before your child reaches the age of 18, it may be very difficult for them to maked ends meet if they rely on your child support to cover living costs.

Joint custody: good in theory, but could it work for your family?

Custody is one of the most complicated issues in a divorce, and Kentucky parents work hard to minimize the negative impact that the end of their marriage can have on the children. One of the most common ways to protect the interests of the children is by allowing the kids to have a strong relationship with both parents after a divorce is final.

Joint custody is a type of custody arrangement that allows children to have access to both parents on a regular basis. This does not necessarily mean that two parents will have exactly equal parenting time, but it does mean that both parents can play a strong role in the life of their kids.

Beware of changing laws as you cross state lines

Summer is now in full swing throughout the country, which means many people will be packing up their vehicles and hitting the road. Road trips can present many dangers, but one that you may not expect is the possibility of violating laws that vary from your home state. This is particularly true if you live in a state that has recently legalized medical or recreational marijuana.

A Colorado man recently learned this the hard way when he was arrested in Eddyville after a routine traffic stop. The man was driving through the state on I-24, but was taken into custody after the traffic stop revealed that he had about an ounce of marijuana in the vehicle, drug paraphernalia and a couple of firearms. The man now faces a number of charges.

Don't wait to fight false allegations during divorce

Divorce is a time when many people make poor choices they would not otherwise make. Unfortunately, because of the emotional stress that divorce can present, one parent may choose to make false allegations against the other to gain some leverage over him or her in the courtroom. Whether a parent is motivated by fear of losing custody of children, simply out of spite or for some other reason, false allegations are dangerous for both parties.

If your spouse makes false allegations against you, then you need to consult with an attorney immediately. Even if the allegations are proven untrue, your reputation may suffer greatly until you prove your innocence. An experienced attorney can help you identify the best strategy to combat false allegations and protect your future.

Why might I lose custody of my child to the other parent?

When things go sour between parents of a child, working out custody is often very difficult. Even after a custody arrangement is reached, certain actions on the part of parents can revoke their custody privileges. If you are in a contentious relationship with your child's other parent, it is crucial that you know which actions on your part may give the other parent leverage against you.

The most obvious things that one parent may use against the other are instances of violence, abuse or neglect. Furthermore, if you are arrested for some other unrelated crime, a court may view that as grounds to revoke custody. Courts are also particularly unfavorable towards drug use by parents. Even very light drug use that is exposed to a child may grant grounds for revoked custody.

Who should get the house in a divorce?

When working through a divorce settlement, there are several common points of major contention that can keep two divorcing spouses from reaching a fair resolution in a reasonable amount of time. One of the biggest is the matter of who gets to keep the house. Legally speaking, several factors go into determining which spouse should or can keep a house that the couple purchased.

One of the easiest metrics to use when determining who keeps the house involves your children, if you have any. If one spouse or the other will maintain primary custody of the children, then that person usually keeps the house as well. Judges tend to prefer this arrangement because it keeps the children's best interests at the heart of the settlement.

The legal battle for your rights as a father

As the biological father of a child, you may believe that you have a rightful claim to custody, visitation and the ability to play an active role in the life of your child. However, if your child was born out of wedlock, you may not have these rights until you take the appropriate course of action to establish custody.

When a biological father does not have legal recognition and clearly defined rights, it is impossible to settle issues such as custody, visitation, parental authority and child support appropriately. If you are a father in Kentucky and you are fighting for your rights as a dad, you would be wise not to wage this legal battle alone.