Monthly Archives: February 2015

In Kentucky, Divorce Does Not Require Proof Of Fault Or Agreement

File this one under weird or Quentin Tarantino scripts.  An Orthodox Jewish Rabbi is facing trial for criminal charges related to assisting women obtain divorces.

According to Kentucky. com, Mendel Epstein,  is accused of employing a kidnap team to force unwilling Jewish husbands to divorce their wives.  Epstein has been charged with conspiracy to commit kidnapping and attempted kidnapping.

Prosecutors allege the Orthodox rabbi’s team used brutal methods and tools, including handcuffs and electric cattle prods, to torture the men into granting divorces. The kidnap team brought surgical blades, a screwdriver and rope to a staged kidnapping in 2013, authorities have said. Epstein allegedly told the undercover agents he arranged similar kidnappings every year or year and a half, U.S. Attorney Joseph Gribko said.

The defense has argued that Epstein is just a really good advocate for women.

The good news for Kentuckians is that if you want a divorce, all of that cattle prod play is unnecessary.  As I explain on my Kentucky “get a divorce” page, Kentucky is a no fault divorce state:

This means that there is no need to prove grounds (reasons) in order to get a divorce. You do not have to blame the other person or explain the reasons why the marriage failed. The reasons why the marriage failed may be important in other areas of your divorce but are not necessary to file for a divorce in Kentucky or Florida. You do not have to prove infidelity, habitual drunkenness, abandonment, or any of the other reasons one used to have to give, in order to get a divorce. The only thing that must be proven is that there has been an “irretrievable breakdown of the marital relationship” and there are no prospects for reconciliation.

If you are seeking a divorce or just have questions you need answered, please consult with a northern KY divorce attorney or an attorney in your jurisdiction before you begin arranging kidnappings.

Attorney Ken Turner

(859)432-3733

 

 

 

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How much does a divorce cost?

Unless you are indigent, there are some hard costs associated with divorce whether you have an attorney or not.  Since a divorce is a law-suit, you must pay a filing fee to the County Clerk where the divorce is being filed and you usually have to pay a process server to have your spouse served with the divorce action.   In Kentucky, filing fees can range from county to county but you can figure that the filing fee will cost in the range of $150 or more.

As for attorney fees, it completely depends on the attorney.  Generally, a more experienced attorney will charge more and the more complex your case is, the more you can expect to pay.  Some attorneys cater to high net worth clients and some attorneys cater to working class families.  Uncontested divorces usually cost considerably less than contested divorces.

Many attorneys will charge a retainer for a predetermined amount of work.  But if the work on the case exceeds the initial retainer, you will have to pay more.   I have worked on divorce cases where the attorney fees have ranged from hundreds of dollars (an uncontested divorce with no children) to hundred of thousands of dollars (a case in Florida that involved multiple properties and millions in assets and income).  It just depends on the circumstances of the parties involved.

Courts can also order one party to contribute to the attorney fees of the other party.

So while there is not one answer I can give you concerning how much a divorce is going to cost, I offer fee arrangements of all shapes and sizes.  A Kentucky uncontested divorce can be less than $1000, including filing fees in many situations and a contested divorce will cost more.  I take into consideration the uniqueness of your case, the resources/assets you have available, and the complexity of your issues.   I offer a free initial consultation so that I can give you an honest estimation on the costs of your divorce.

My goal is to provide quality representation at affordable prices.

When Is The Right Time To Get A Divorce

I am not a psychiatrist.  I am not a therapist.  I can’t help you save your marriage.  I can’t make you happy.  I am an attorney.  I can help you achieve your goals in getting a divorce and provide you with my best effort in representing your interests.

While the majority of my business over the past 4 years has been divorce related work, I am not an advocate of divorce.  I believe that many people rush to divorce while many other people (those in abusive, dangerous relationships) do not rush to end an unhealthy relationship quickly enough.

Generally speaking, people should work hard to save their marriage and fight to keep it together.  Nothing worth a damn ever came easy.  In the end, you will be much more at ease with your decision to divorce if you can say that you did everything that you could to save your marriage.

Dr. Gail Gross and I share many of the same ideals when it comes to knowing when is the right time for a divorce.

1. Your partner is physically abusive to you or your children. 

When you come into a relationship, you often gravitate to the patterns that are familiar from your childhood and family of origin. These are the patterns that you know how to do — your comfort zone. Therefore, you often pick a spouse that lets you do what you know, and thus, you can repeat the very relationship you experienced with your parents. For example, if you or your spouse comes from an abusive childhood, and that abuse was allowed to continue at home, there may be a chance that you or your partner will reach for abuse as a normal behavior, since that is what one or both of you know. If you or your partner are not open to counseling, if either one of you continues the abuse, if there are indications that you or your partner sees nothing wrong with this behavior — then it may be time to leave.

2. Your partner’s habits put you and your children at risk.
Violent and/or abusive behavior, drug addiction, gambling addiction, gang membership — all of these habits have the potential to put loved ones at risk. As with all other trigger warnings, it is best to seek counseling and professional help first, but the truth is that sometimes, it is best and safer to remove you and your children from the situation.

3. Your partner cannot stop cheating on you.
When infidelity becomes a habitual occurrence and professional counseling does not help, it may be time for you to move on.

4. Your partner cannot stop lying to you about important matters.
If you find your partner making important family decisions independently and unilaterally without considering your feelings, constantly hiding important information or lying about information that affects you and your family — such as money issues, health issues, or other personal issues — and counseling does not help, this has the potential to hurt your family’s future, not to mention your trust in your partner. Trust is based on experience, and marriages are built on mutuality, love and trust. When that trust is broken on a regular basis, it can be difficult to repair the damage done to the relationship. And, when that trust is broken over circumstances that put you and your children at risk, it is sometimes smarter to remove you and your children from the environment before serious harm is done.

5. You and your partner have completely opposite life paths.
This can be a tricky area: when couples marry, they are sometimes not always on the same path with the same life goals, but they will usually work together to find compromise and mutually help each other meet their goals. Sometimes, however, your two life plans go in opposite directions, with no hope of supporting one another. For instance, let’s say you both marry wanting to have children. Suddenly, two years into your marriage, your partner announces that he absolutely no longer wants children. At this time, you are desperately eager to start your family. After seeking professional counseling, if you two still find yourselves on new, opposite life paths, it may be time to move on, so that you may each begin working on your desired lives.

6. You can’t make anyone love you.
When you feel that your marriage is like holding hands, and if you let go it will be gone, you are not in a loving and connected relationship. You can’t control another person’s feelings or behavior, and you can’t make anyone love you. The idea that if only you behave in a particular manner, then your spouse will be nice and loving, is magical thinking. It is difficult enough to affect your own actions, never mind controlling those of your partner. And finally, when your feelings of attachment to a mate lacking intimacy are so highly charged that you sacrifice your sense of self and self-esteem, it is worth considering that these heightened emotions may really be a projection, rather than love. You must ask yourself: Why do you love someone who doesn’t love you back mutually?

Couples divorce for many different reasons. Sometimes those reasons could be reversed or repaired, yes. However, sometimes, the right decision for all parties involved is to get a divorce. Then, it is up to each partner to ensure they have a better divorce than they did their marriage.

Read Dr. Gross’ full article at:  http://www.huffingtonpost.com/dr-gail-gross/the-right-time-to-get-a-divorce_b_6646624.html

Social Media Can Only Hurt Your Child Custody Case

Another rapper is in the news this week regarding child custody disagreements in the midst of a pending divorce.  Wiz Khalifa took to Twitter to let the world know that he was not happy with what his current wife Amber Rose was doing with the child.

If you are in the middle of divorce, don’t take to social media to bash your child’s mother.  Bad move.  You can bet the court will consider those tweets.  Wiz has not followed my tip:

Take down all social networking sites, websites, etc. You can go back to enjoying all of your social media sites once the divorce is finalized. But keep in mind that a recent survey of divorce lawyers has shown that social media platforms such as Facebook are becoming central to many divorces and may provide yourself with information that can be twisted and turned against you. The interconnected world we live in makes it very easy to learn all sorts of information about a person. One of the first things I do whenever I get a new divorce case is immediately run Google search of the opposing party. You would be amazed what I have found. There is no reason to make it easy for your spouse’s attorney to access information about you. If you have a blog, Twitter, Google+ Facebook, or any other such web page, take it down immediately. Even if there is nothing particularly damning on it, your spouse may have your password and be able to log into the page and make changes to ruin your reputation. Take control of your life. Consider it the same as locking your front door to avoid tempting your spouse or other persons from entering and wandering around. It is one less thing you will have to worry about.

Via theboombox.com”

By now it’s pretty much common knowledge that Wiz Khalifa and Amber Rose are no longer an item. After Amber filed for divorce due to the rapper’s alleged cheating ways, she hasn’t shied away from the spotlight at all.
She’s a frequent hot topic on the blog circuit for her racy outfits, but Wiz has opted to keep it lowkey — for the most part. He’s even gone as far as complimenting her after one of her gravity-defying Instagram posts went viral.
But things are beginning to sour between the two and Khalifa doesn’t seem too pleased with her recent behavior concerning their son, Sebastian, according to a series of recent tweets. We’re reading between the Twitter lines here since he doesn’t mention his ex-wife by name, but it’s pretty clear who he’s referring to.
“a woman who would do something to a kid to spite that kids father is a foul creature,” Wiz writes. “Sucks when people try to use that against you but the cool part is figuring out how much self control you have.”
“That” is likely his son, which seems to be stuck in the battle between his parents.
While Amber has yet to react on social media with her own side of the story, something tells us this won’t be the last we hear of these two.

 

Ludacris Was Awarded Primary Physical Custody Of His Child

Primary physical custody can mean many different things or nothing at all.  In Kentucky, “custody” refers to decision making authority and not physical control or parenting time with the child.  Since he is calling it “primary physical custody” I assume he means parenting time and that the child will be spending the majority of the time with the rapper?  Legal words and phrases are misused so often that it is hard to know what is meant by “primary physical custody”.

However, the case was slightly more interesting than most, as Ludacris (Chris Bridges) was called to answer regarding his rap lyrics.  The story from MTV.com is pasted below:

When Ludacris recorded “Dancin’ Dirty” with Chris Brown for his mixtape IDGAF, he probably didn’t imagine those lyrics being used in court against him. But last week, they became testimony in a custody hearing between Ludacris and Tamika Fuller over their one-year-old daughter Cai.

Fuller’s lawyer brought up the lyrics at the hearing on Monday, and Judge Dorothy Downs grilled Ludacris about them, according to XXL, even reading the entire second verse of the song aloud:

“Cuz she asked me for a drink and I’m damn sure fin’ to po’ it
I’m a, make it strong, she said she like it fruity
In another 30 minutes I’ll be feelin’ on her booty
An hour after that I’ll have her twisted like a cyclone
Legs wrapped around me til she squeeze me like a python
I call that slizzer we both been gone off that liquor
She let down all her defenses and yes I give her the business
With the quickness she came to her senses, while I’m tappin’ and snappin’ pictures
Relentless but so persistent now she said it’s just Ludacris”

Judge Downs called out what she perceived as a lack of consent in that situation. “You’re talking about date rape there, aren’t you?” she asked, adding, “Would you like for Cai to have this experience with a young man?”

Luda’s response: “No ma’am. … When Cai becomes an adult, if she wants to have a good time, then that’s her right as an adult.”

Judge Downs must have been satisfied with Ludacris’ defense of the song; he was awarded custody. “I am gratified that the judge found me to be the most fit and proper parent to have primary physical custody of our beautiful daughter,” he told TMZ.