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Divorce Basics: Jurisdiction
If you are starting the process of divorce, one concept that often comes up early is jurisdiction. While it may sound technical, it is really just a way of making sure that your case is being handled in the right place. In the context of divorce, jurisdiction refers to the court’s ability to hear your…
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Divorce Basics: Venue
If you are just starting the divorce process, you may hear your lawyer, or the court, mention something called venue. Venue is simply which county your case should be filed in within Kentucky. In Kentucky, the law says that a divorce case should be filed in the county where either spouse usually resides. The statute…
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Kentucky May Exercise Jurisdiction Over Non-Residents Within Domestic Violence Actions
Baum v. Aldava Case No. 2024-SC-0182-DGE Jefferson Family Court Opinion by Chief Justice Thompson Date Rendered: April 24, 2025 Issue: Whether Kentucky can exercise jurisdiction over non-residents within domestic violence actions. This case was previously before the Kentucky Supreme Court which held that Kentucky would follow the objective method in determining a child’s home state…
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Family Court May Consider Coercive Control in DVO Analysis
Hogle v. Hogle 2024-CA-0731-ME Kentucky Court of Appeals Opinion by Judge McNeill Date Rendered: February 21, 2025 Issue: Whether coercive control can be considered although the words “coercive control” do not appear in the Kentucky domestic violence statute. Husband flipped over sofa while child was laying on it injuring Wife. Wife initiated a divorce proceeding…
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Family Court (rather than Circuit Court) was Proper Forum for Claims Arising out of the Former Marriage of Parties
Allgeier v. Wagner 2024-CA-0496 Jefferson Circuit Court Kentucky Court of Appeals Opinion by Judge Combs Date Rendered: January 17, 2025 Former Wife filed civil suit against Former Husband for indemnification from a tax obligation which arose out of funds misappropriated by Former Husband, willful interference with her custody of the parties’ children, and the tort…
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