Questions Answered by Richard J. Head

Q: I was only married for 60 days

2 Answers | Asked in Divorce for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
The time period is not dispositive of the issue of annulment. You probably will have to file for divorce, unless you meet the specific criteria set out in the annulment statute.

Q: I have been married for 20 years ,I make $115k yearly and she works and makes $37k- Do I have to pay maintenance

1 Answer | Asked in Divorce for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
In most courts the answer would be yes, at least for a time. There is no chart for maintenance like there is for child support. The court will basically look at her ability to provide for her own needs, and your ability to do so as well.

Q: How do you amend an order of protection?

1 Answer | Asked in Family Law for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
You file a request in the court where the order was entered. The judge will consider your request, but is not required to grant it.

Q: My wife left me after only about 2 months being married.Will it cost anything for us to be separated?

1 Answer | Asked in Divorce for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
No, separation is free, but it will not result in a divorce unless you file in court, and that is not free.

Q: Can I move 250 miles away (Benton to Louisville) before I file for divorce?

1 Answer | Asked in Divorce for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
Yes.the other party might file in Benton, and get the custody matters moved back there, but usually first to file is the jurisdiction where the case stays, as long as you moved your residence before filing.

Q: Do I need a lawyer.

1 Answer | Asked in Family Law for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
Until there is a court order, either parent can keep the children, but as soon as you do, the other party will take the matter to court. The better practice is to file, and ask the court to enter temporary orders while the matter proceeds.

Q: If two parents intially press charges against their own child,do they have the right to drop thm an not b arrested

1 Answer | Asked in Family Law for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
Once criminal charges are brought,only the state can drop them. The person who initially complained is the victim, and as such their wishes will be considered, but are not determinative of whether or not the charges will be dropped.

Q: I live in kentucky and have a neighbor who has put us through a lot of stress, and harasses us can she be sued?

1 Answer | Asked in Criminal Law for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
Yes, but your problems with your neighbor may get worse while in court. Neighbor disputes are horrible, and usually continue until one of the parties moves away. They are also expensive, and seldom will be taken on a contingency fee by an attorney. The reason they are so bad is because you can't get away from them. Both parties are usually certain that they are in the right, and that the other party is wrong. In many instances both parties retaliate, believing they are justified because "the...

Q: Does remarriage to spouse void a property from 1st divorce. can I collect it? it was never paid to me.

2 Answers | Asked in Divorce for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
Hire a lawyer and provide proof of the earlier agreement. He will probably argue the property is your non marital property in the second marriage.

Q: Can you order a DNA at anytime in the state of KY?

1 Answer | Asked in Family Law for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
Wih a nine year old child it is doubtful the courts would order a paternity test, and even if you had one done privately, the court would probably still require your husband to pay child support. The issue is the best interest of the clild, and usually it is in the best interest of the child that support be paid.

Q: My sons friend got kicked out of his house. he is 17. If i let him stay with us can i face any legal action?

2 Answers | Asked in Family Law for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
I assume from your question you are asking if his parents could file a complaint for custodial interference. If they removed him from their home, and left him homeless, you would not be in trouble for giving him a place to stay. If, however, he ran away, and they were not in agreement, you could be charged with custodial interference if you let him stay with you.

Q: My grandmother's divorce is final but the assets have not yet been divided. What happens if she passes?

1 Answer | Asked in Divorce for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
Her property will go to her heirs. If she had held real property in joint names with her former spouse, the answer might be different.

Q: If someone agrees to allow a stranger take out a life insurance policy on them is that legal?

1 Answer | Asked in Insurance Bad Faith for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
Generally, a person taking out a life insurance policy must have an insurable interest. KRS 299.150

Q: Can a person who has already been convicted of a crime but not sentenced by the judge change lawyers and ask for another

1 Answer | Asked in Criminal Law for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
You can always hire an attorney, and have them ask permission to substitute as counsel for the previous attorney. The court may allow it, or may refuse, if the judge believes the substitution should not occur.

Q: We are getting divorce refinance our home few years ago loan is in my husband name deed is in both can I make him sell

2 Answers | Asked in Divorce for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
In your divorce the court will divide all marital property. The court will also restore all non-marital property to the person to whom it belongs. Title to property being in joint names does not mean it is marital. If it is marital, however, it will be divided, but the division may be by giving it to him, and offsetting its value with other property awarded to you. The court is obliged to divide property equitably, but that does not always mean equally. If you have a lawyer in your divorce they...

Q: My son has been infected with group b strep, despite dr.s reinsuring me that there was no way he could.

1 Answer | Asked in Personal Injury for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
From your question, it appears your son did not sustain an injury as a result of what you believe was negligent medical attention. Generally, in Kentucky, you don't have a viable suit if you did not sustain an injury. This is similar to a situation where you "almost were in a wreck" but was not. The answer would be different, perhaps, if your child were injured. Then it becomes an issue of whether or not the injury could have been avoided, if the doctor had performed in accordance with the...

Q: How long does one have to file a civil suit on a convicted rape/battery/death threat in Kentucky?

1 Answer | Asked in Personal Injury for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
The general limitation period for an assault on a competent adult in Kentucky is one year. There is no limitation on filing criminal charges for the felony.

Q: What is the statue of limitation for personal injury claims in kentucky when you are still being treated for the injury.

1 Answer | Asked in Personal Injury for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
One year from the date of the injury, if you knew you were injured. There are additional rules regarding unknown injuries, hidden injuries, and additional rules apply if the injury is due to an auto accident. This is a very complicated area of the law, and you should immediately talk to a lawyer about when your statute of limitations runs. Don't assume it has already run, it may not have, because of the multitude of rules that apply. It is as dangerous to assume that you are already too late as...

Q: If I see someone needing medical help and don't render aid or call 911 and they die, what will happen to me?

1 Answer | Asked in Personal Injury for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
If you are in a position where you owe them a duty, you could be sued, or perhaps prosecuted. If you owe them no duty, such as when passing a wreck that had earlier occurred, and in which you were not involved, then you will not be charged. It is the existence of the duty that controls. Sometimes, a duty comes about by virtue of a persons occupation, such as a lifeguard, or a school teacher. If that person stood by, and allowed a person in their care to be harmed, there could be both civil and...

Q: If a party has a final divorce hearing, but the decree isn't signed and filed until a month later, when was it final?

1 Answer | Asked in Divorce for Kentucky on
Answered on Mar 1, 2014
Richard J. Head's answer
Go back to the court that entered the decree, and ask to have the divorce decree set aside. A cheaper and easier fix would be to get married again, assuming you are still with the same spouse. A remarriage while married doesn't change your status. The divorce decree did, so you are currently not married.

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