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Full-Text Articles in Law

Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini Oct 2014

Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini

Law Faculty Scholarly Articles

Families are integral to immigration law and policy, and family-based immigration accounts for the majority of legal entry into the United States. Legislative, judicial, and scholarly discussions that address immigration law's family-based categories rely nearly exclusively on the principle of family unification, which has long been a cornerstone policy of immigration law. Yet the family-based provisions of immigration law do more than unify intact families; understanding families as dynamic entities that experience change reveals an immigration system that acknowledges a flexible family structure in determining status.

The principal aim of this Article is to present a more complete description ...


Accounting For Time: A Relative-Interest Approach To The Division Of Equity In Hybrid-Property Homes Upon Divorce, Lisa Milot Jan 2012

Accounting For Time: A Relative-Interest Approach To The Division Of Equity In Hybrid-Property Homes Upon Divorce, Lisa Milot

Kentucky Law Journal

No abstract provided.


Title Doesn't Matter, Does It?: An Analysis Of Kentucky's Property Disposition Law And Its Treatment Of Transmutation, Russell W. Goff Jan 2000

Title Doesn't Matter, Does It?: An Analysis Of Kentucky's Property Disposition Law And Its Treatment Of Transmutation, Russell W. Goff

Kentucky Law Journal

No abstract provided.


The Non-Contested Divorce: Pleadings And Procedures, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Stephanie L. Morgan, Mary E. Schoonover Jan 1999

The Non-Contested Divorce: Pleadings And Procedures, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Stephanie L. Morgan, Mary E. Schoonover

Continuing Legal Education Materials

Description of proceedings and sample pleadings in a non-contested divorce.


Kentucky Law Survey: Family Law, Louise Everett Graham Jan 1998

Kentucky Law Survey: Family Law, Louise Everett Graham

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Family Law, Louise Everett Graham Jan 1998

Kentucky Law Survey: Family Law, Louise Everett Graham

Law Faculty Scholarly Articles

This Article addresses some of the family law developments occurring since the Kentucky Law Journal last published a Kentucky law survey. Space limitations preclude discussion of every post-1985 change. Instead, this Article focuses on general trends, significant cases, and legislative developments.

Inquiry into family law developments in Kentucky is timely, not only because of the social importance of family relations, but also because of other contemporaneous efforts at family law reform. The American Law Institute ("ALl") is currently considering a final draft of principles governing family dissolution. That draft, and the discussions that surround its ultimate acceptance or rejection by ...


Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham Jan 1993

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.


Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham Jan 1993

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Law Faculty Scholarly Articles

Kentucky has long needed a comprehensive family law provision for its long-arm statute. Before the general long-arm statute was amended by the 1992 General Assembly, it addressed only a narrow class of paternity cases among its specific jurisdictional provisions, ignoring the need for long-arm jurisdiction in other domestic relations cases. A second long-arm statute provided jurisdiction over some nonresidents to establish or enforce child support obligations. In the contexts of divorce and child support, Kentucky's failure to claim constitutionally available jurisdiction deprived Kentucky residents of important protection.

Recent amendments to Kentucky statutes fill previous gaps and expand Kentucky's ...


Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham Jan 1985

Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham

Law Faculty Scholarly Articles

Over the past ten years every writer venturing to discuss domestic relations must have been tempted to emphasize the importance of his or her work by opening with mention of the growing number of divorce cases confronting the court system. Beyond its numerical impact upon the judicial process, however, divorce litigation provides an important opportunity for the study of property rights and the institutions from which those fights are derived. Divorce cases increasingly involve difficult and complex questions concerning the marital property rights of the marriage partners. The importance of marital property cases is broader than the individual rules that ...


Kentucky Law Survey: Domestic Relations, Louise Everett Graham Jan 1985

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Law Faculty Scholarly Articles

The following article presents a survey of domestic relations law in the Commonwealth of Kentucky. During the survey period, the Kentucky appellate courts faced a series of cases that involved not only the usual problems relating to property division, post divorce support obligations and child custody, but which also implicated a number of federal statutory attempts' to regulate areas long considered solely the province of state regulation. The presence of new federal legislation in these areas represents Congressional attempts to solve some major difficulties in the domestic relations area. Few persons would argue, for example, that the battle for jurisdiction ...


Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham Jan 1984

Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham

Kentucky Law Journal

No abstract provided.


Antenuptial Contracts And Divorce In Kentucky: A Better Approach, J. Clarke Keller Jan 1984

Antenuptial Contracts And Divorce In Kentucky: A Better Approach, J. Clarke Keller

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Domestic Relations, Louise Everett Graham, Janet Jakubowicz Jan 1982

Kentucky Law Survey: Domestic Relations, Louise Everett Graham, Janet Jakubowicz

Law Faculty Scholarly Articles

In the decade since Kentucky's adoption of the Uniform Marriage and Divorce Act (UMDA), appellate domestic relations opinions have focused primarily upon property division and child custody. Recent decisions continue this emphasis but also address problems regarding the marital relationship, spousal maintenance, and child support. This article provides a survey of Kentucky law in the field of domestic relations.


Joint Custody, Carolyn S. Bratt Jan 1979

Joint Custody, Carolyn S. Bratt

Law Faculty Scholarly Articles

Shared custody has traditionally been looked upon with disfavor by the courts. Similarly, some professionals in the field of child development oppose the concept of shared custody. There are, however, several advantages to shared custody. The legal system benefits, as judges escape the unenviable task of playing Solomon. The child benefits because both parents continue to have a voice in the child’s upbringing, and the child continues to enjoy the love, advice, and companionship of both parents. In addition, because both parents share the responsibility of child raising, neither is faced with the loss of self-esteem which results from ...


The Kentucky Divorce Statute: A Call For Reform, Richard D. Simms Jan 1978

The Kentucky Divorce Statute: A Call For Reform, Richard D. Simms

Kentucky Law Journal

No abstract provided.


Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman Jan 1978

Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman

Kentucky Law Journal

No abstract provided.


Child Support, Life Insurance, And The Uniform Marriage And Divorce Act, David A. Bratt Jan 1978

Child Support, Life Insurance, And The Uniform Marriage And Divorce Act, David A. Bratt

Kentucky Law Journal

No abstract provided.


The Uniform Disposition Of Community Property Rights At Death Act, Sarah N. Welling Jan 1977

The Uniform Disposition Of Community Property Rights At Death Act, Sarah N. Welling

Law Faculty Scholarly Articles

In 1977, eight of the United States use community property systems instead of the common law systems used in the other 42 states. Because the community property system is totally alien to common law states which do not recognize community interests in property, when domiciliaries of a community property state migrate to a common law state problems develop over the definition of property rights. Two questions usually arise: do the spouses’ rights and interests in the community property change if they move to a common law state? And if not, how are these rights and interests protected? The first question ...


Kentucky's New Dissolution Of Marriage Law, Thomas W. Miller Jan 1973

Kentucky's New Dissolution Of Marriage Law, Thomas W. Miller

Kentucky Law Journal

No abstract provided.


Family Law--Alimony And Property Restoration--A Restatement, George A. Smith Jan 1971

Family Law--Alimony And Property Restoration--A Restatement, George A. Smith

Kentucky Law Journal

No abstract provided.


What Are The Rights Of The Involuntary Divorcee? Reflections On Divisible Divorce, Robert F. Drinan Jan 1964

What Are The Rights Of The Involuntary Divorcee? Reflections On Divisible Divorce, Robert F. Drinan

Kentucky Law Journal

No abstract provided.


Development Of The Concept Of Divisible Divorce--Ex Parte Divorce And Right To Alimony In Kentucky, James H. Byrdwell Jan 1959

Development Of The Concept Of Divisible Divorce--Ex Parte Divorce And Right To Alimony In Kentucky, James H. Byrdwell

Kentucky Law Journal

No abstract provided.


Domestic Relations--Family Courts, Jesse S. Hogg Jan 1957

Domestic Relations--Family Courts, Jesse S. Hogg

Kentucky Law Journal

No abstract provided.


"Friend Of The Court", Delmer D. Howard Jan 1956

"Friend Of The Court", Delmer D. Howard

Kentucky Law Journal

No abstract provided.


Domestic Relations-Recent Kentucky Developments, 1950-1955, Frederick W. Whiteside Jr. Jan 1955

Domestic Relations-Recent Kentucky Developments, 1950-1955, Frederick W. Whiteside Jr.

Kentucky Law Journal

No abstract provided.


Domestic Relations--Bed And Board Divorce In Kentucky, L. M. Tipton Reed Jan 1954

Domestic Relations--Bed And Board Divorce In Kentucky, L. M. Tipton Reed

Kentucky Law Journal

No abstract provided.


Child Custody In Kentucky Divorce Cases: 1940-1952, Charles N. Carnes Jan 1953

Child Custody In Kentucky Divorce Cases: 1940-1952, Charles N. Carnes

Kentucky Law Journal

No abstract provided.


Divorce--Does Recrimination Remain In Kentucky?, Thomas P. Lewis Jan 1953

Divorce--Does Recrimination Remain In Kentucky?, Thomas P. Lewis

Kentucky Law Journal

No abstract provided.


Enforcement Of Alimony Decrees In Kentucky, John W. Murphy Jr. Jan 1953

Enforcement Of Alimony Decrees In Kentucky, John W. Murphy Jr.

Kentucky Law Journal

No abstract provided.


Cecil V. Farmers National Bank--Termination Of Limited Divorces, Robert C. Moffit Jan 1953

Cecil V. Farmers National Bank--Termination Of Limited Divorces, Robert C. Moffit

Kentucky Law Journal

No abstract provided.