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Questions Answered by Richard J. Head
2 Answers | Asked in Divorce for Kentucky on
Q: I was only married for 60 days

Will i have to file for a divorce or can i get an annulment?

Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.

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1 Answer | Asked in Divorce for Kentucky on
Q: I have been married for 20 years ,I make $115k yearly and she works and makes $37k- Do I have to pay maintenance

My kids are 18 & 17 I know child support is a given ,but is maintenance? since she works?

Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.

1 Answer | Asked in Family Law for Kentucky on
Q: How do you amend an order of protection?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.

1 Answer | Asked in Divorce for Kentucky on
Q: My wife left me after only about 2 months being married.Will it cost anything for us to be separated?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

No, separation is free, but it will not result in a divorce unless you file in court, and that is not free.

1 Answer | Asked in Divorce for Kentucky on
Q: Can I move 250 miles away (Benton to Louisville) before I file for divorce?

It still within the state and there is no custody order in place.

Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.

1 Answer | Asked in Family Law for Kentucky on
Q: Do I need a lawyer.

The mother of my kids will not let me keep my boys over night. Am I legally allowed to keep them for as long as I want. I am on the birth certificate and I have been apart of their lives until we split up about two months ago

Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.

1 Answer | Asked in Family Law for Kentucky on
Q: If two parents intially press charges against their own child,do they have the right to drop thm an not b arrested
Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.

1 Answer | Asked in Criminal Law for Kentucky on
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?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

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... Read more »

2 Answers | Asked in Divorce for Kentucky on
Q: Does remarriage to spouse void a property from 1st divorce. can I collect it? it was never paid to me.
Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.

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1 Answer | Asked in Family Law for Kentucky on
Q: Can you order a DNA at anytime in the state of KY?

My husband has always had suspicions about the paternity of a child that was born during his marriage to his first wife. My husband does not have any contact with this child because his ex-wife never allowed him to. As a matter of fact, this child does not even acknowledge my husband is his father.... Read more »

Richard J. Head
Richard J. Head answered on Mar 1, 2014

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... Read more »

2 Answers | Asked in Family Law for Kentucky on
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?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

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... Read more »

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1 Answer | Asked in Divorce for Kentucky on
Q: My grandmother's divorce is final but the assets have not yet been divided. What happens if she passes?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.

1 Answer | Asked in Insurance Bad Faith for Kentucky on
Q: If someone agrees to allow a stranger take out a life insurance policy on them is that legal?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

Generally, a person taking out a life insurance policy must have an insurable interest. KRS 299.150

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can a person who has already been convicted of a crime but not sentenced by the judge change lawyers and ask for another

Trial? The person on trial had a court appointed attorney.

Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.

2 Answers | Asked in Divorce for Kentucky on
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

Want to sell house

Richard J. Head
Richard J. Head answered on Mar 1, 2014

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... Read more »

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1 Answer | Asked in Personal Injury for Kentucky on
Q: My son has been infected with group b strep, despite dr.s reinsuring me that there was no way he could.

During my pregnancy GBS was a big concern with my dr.s and I, because my previous son had passed away from it. After doing tests that came back negative, the dr.s assured me that my son WOULD NOT be infected with it. Now we are in the hospital (he is ten days old) now, and thank goodness we caught... Read more »

Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.... Read more »

1 Answer | Asked in Personal Injury for Kentucky on
Q: How long does one have to file a civil suit on a convicted rape/battery/death threat in Kentucky?

The victim was of adult age at the time. Wondering if there is a statute of limitations on any of these three convictions in KY? And if it matters that it was a Martial Court conviction?

Richard J. Head
Richard J. Head answered on Mar 1, 2014

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.

1 Answer | Asked in Personal Injury for Kentucky on
Q: What is the statue of limitation for personal injury claims in kentucky when you are still being treated for the injury.
Richard J. Head
Richard J. Head answered on Mar 1, 2014

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... Read more »

1 Answer | Asked in Personal Injury for Kentucky on
Q: If I see someone needing medical help and don't render aid or call 911 and they die, what will happen to me?
Richard J. Head
Richard J. Head answered on Mar 1, 2014

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,... Read more »

1 Answer | Asked in Divorce for Kentucky on
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?

Hearing was end of May, 2003. Got remarried June, 2003. Signed divorce decree received a month later. Is the new marriage valid? or can it be annulled?

Richard J. Head
Richard J. Head answered on Mar 1, 2014

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... Read more »

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