Questions Answered by Anna Aleksander
Q: Are there any advantages in filing for divorce first? I suspect my husband has retained an attorney.
Not really. Shouldn't matter in the ultimate outcome.
Q: if 5 families own private steps to dock pod, are all liable in case of accident?
Private steps. one property is rental B and B, steps steep. Use of dock slip by renter prohibited by USCorps.
They may be held jointly and severally liable, if they failed to follow the KY premises liability law regarding maintaining, or warning a person entering their premises depending on the circumstances of the case. They will only be held liable if they are negligent or gross negligent and owed a duty... Read more »
Q: What is considered medical negligence? How about missing medical records?
Motor vehicle accident. Taken to ER. Xrays given. Told only contusions. Told to make orthopedic appt. At appt was told my arm was fractured. I was placed in a cast. Time went by and i went bac kto ortho who did another xray and said yes it was still fractured. Then when i was still complaining... Read more »
Get a second medical opinion. Hire a attorney and depose all the doctors that could be costly.
Q: I received injuries to my legs when someone backed into my drivers side car door while i front seat
Between the open door and front seat, forcing the door to close on my legs pinning me between the door and door frame. I was injured and in shock blacked out after she stopped backing up and didnt make a police report.i did go to hospital. Didnt get insurance info from driver. My son msgd driver... Read more »
Contact an attorney and discuss with an attorney.
Q: My roommate wrecked my car in a parking lot. Hit parked car and sent car into suv. No insurance, expired tag. What now
She said something broke in front end of car propelling her thru parking lot. Officer told me I am in no trouble but what if other parties sue?
You should consult with an attorney as this can be serious.
Q: My inheritance was used as a down payment on a home. I have never spent a night there. Do I get it back?
If you used non-marital funds to purchase property the non-marital funds invested will continue to be your non marital property. There are exceptions to this and much depends on the specific funds, whether or not there will be offsets etc... The very basic simple example is as follows: you... Read more »
Q: I have a three week old daughter and me and her father are separated and he has asked to take her
She is so little and he hasn’t even seen her but once and wasn’t even there most of the pregnancy but legally do I have to let him take her
If you acknowledged him as the father on the birth certificate by default both parents have custody rights. However, if you have a valid reason for not allowing visitation you could refuse and wait until he takes you to court to establish his paternity and visitation rights by the judge.
Q: wanting to file for a relocation hearing with my children (93 miles away) but spouse is not agreeing.
Our divorce is not finalized, however I wanting to relocate with my toddlers to be closer to family and a wonderful job opportunity. Do I have a good case? No family near current residence and have only lived there for a year but husband is refusing mediation to negotiate.
Mediation is usually mandatory and once a Motion is filed, the Court will likely order mediation. You should file a Motion in Court. You should discuss with an attorney as the answer to your question depends on the specific facts of the case.
Q: If I was in a car wreck and wasn't put on the police report is there any way to fix that so I can make a claim
Yes, contact the officer and discuss with the officer amending the report. This happens sometimes from oversight. However can be easily fixed.
Q: l was married in Vietnam 5 years ago. My petition to bring my spouse to us was denied. we want to divorce. What do do
How should i proceed?
If you are a KY resident, you can file for divorce here. There are several ways to do it, but the easiest is by an agreement with your spouse. To get the other country to recognize the US divorce you would have to contact that country's consulate.
Q: If a Judge gives a order to schedule mediation by 25 January, will I go to mediation before 25 Jan or just have a date?
If it's an order to schedule then all you have to do it schedule.
Q: I was hit in Ohio but live in Kentucky. Do I have to sue in Ohio?
You can sue where the accident happened or where the defendant resides.
Q: Privacy from husband while waiting on divorce
My husband moved out about 5 weeks ago and has a new girlfriend. We still have about 3 more weeks until we can file for divorce. He is coming and going as he pleases and taking what ever he wants. I have no issues splitting property with him but I want to have a sense of privacy and security in my... Read more »
If you are threatened to the extent where his actions amount to domestic violence then you can take out an emergency protective order. In the alternative you can file and make a motion to restrain him in the divorce case. You can refer to this page on my website for more information :... Read more »
Q: What types of situations would a police officer who hit my car with his not have governmental immunity?
Normally if this was an accident due to negligence there would not be immunity and they typically would not invoke any immunity for tort liability.
Q: A 16 year old caught driving on KY intermediate license with too many passengers in the vehicle. How serious is this?
Another teen rear ended this 16 year old while she was driving illegal and he has had to pay for everything because he rear ended her. A settlement is pending thru insurance even though there was no injury. My point is she should not have been on the road at all. Shouldn't it be her fault? Sort of... Read more »
While driving without a license creates a presumption of negligence by KY statute, the courts hold that there must be a causal connection that is the proximate cause for the accident. With or without the license the fault for the accident is what matters. Basically the presumption can be rebutted... Read more »
Q: I am filing for divorce KY on husband Texas do I or does he fill out form AOC-238.3 and AOC-239.3 In the form
We have agreed neither gets any maintenance and everything has been agreed on. We have been separated sense one month after our marriage 20 years ago.
Both parties must fill out and sign in front of a notary.
Q: I got diagnosed with PTSD after a particularly vicious dog attack. I'm afraid to leave my house because I have panic
attacks now whenever I see someone walking their dog. Can I sue the attacking dog's owner for emotional distress?
You should probably be able to yes as long as you have scientific proof of your suffering, damages. Also as of 2013, KY is no longer strictly an impact state. Osborne v. Keeny. This information is not intended as legal advice.
Q: My friend has been convicted with dui and in jail from Saturday morning 8:30. Will he be out in 8 hours ??
In last call with him told that he will be out in 8 hours but when I talked with officer, they don’t have any anticipated time ? Can I at least meet him on Saturday/Sunday?
Are you sure that he was convicted. Your question is missing a lot of details such as when, what was his sentence, on what conditions is he being released. Based on your question however, if the judge ordered him released, the jail can and sometimes does take their sweet time to process the... Read more »
Q: Can I be convicted for both a DUI charge and for a refusal to submit to a breath test?
189A.
105 Effect of refusal to submit to tests
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Information required to be provided
when tests requested
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Ignition interlock license
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Court
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ordered testing
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Right to consult... Read more »
Q: Is slipping and injurying myself on black ice on a storeowner's property something I can successfully sue over?
It depends but possibly yes. In KY the duty of care owed to you is defined by your status on the property as for example if you were an invitee on the landowner's premises they owed you a higher duty of care.
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