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Kentucky And Indiana Law Blog

Prenuptial tips for a second marriage

On behalf of Kevin Moser Law, PLLC posted in Divorce on Wednesday, February 20, 2019.

Prenuptial agreements are often a topic of discussion for Kentucky newlyweds. Dealing with the merging of property can be difficult for people getting married for the first time. However, property issues are typically far more complicated for partners getting married for a second time later in life. Adults in their 50s and 60s usually have far more property to deal with than couples getting married in their early 20s.

There are lots of reasons why a prenup makes sense in a second marriage. The costs of supporting a retired or elderly spouse can be enormous. There can also be unique disagreements on how to deal with estate issues in merged families. Merged families often require a tricky balancing act between the needs of the new spouse and the kids from the first marriage. Disagreements regarding these issues are a common cause of divorce.

Is speeding always speeding?

On behalf of Kevin Moser Law, PLLC posted in Traffic Violations on Thursday, February 14, 2019.

It is usually not enjoyable to get pulled over on a Kentucky road and get a speeding ticket. All forms of speeding are not the same. Throughout the United States, there are three variants of speed limits. There is the basic speed limit, an absolute speed limit and a presumed speed limit. If a person is pulled over for speeding and issued a ticket, he or she has the best chance of making a defense if he or she is aware of, in advance, the type of speeding citation he or she received.

Most people are familiar with an absolute speed limit. This is the speed limit that is posted roadside. If the speed limit is 50 miles per hour, and a person is driving 55 miles per hour, then he or she is breaking the absolute speed limit. Since the speed limit is posted, there are not a lot of defenses that a person can make for why he or she was driving over the speed limit.

Lack of commitment is the most common reason for divorce

On behalf of Kevin Moser Law, PLLC posted in Divorce on Tuesday, February 5, 2019.

While marriage survival rates may be doing better among some age groups, divorce is still quite prevalent. There are many factors that may lead a Kentucky couple to separate. However, there are a few reasons that are most frequently cited. A long-term study that followed 52 spouses who engaged in premarital counseling revealed that there are often several factors underlying any divorce.

According to a study conducted by the National Center for Biotechnical Information, the most frequent reason couples divorce is lack of commitment. When partners are not committed to each other, they may fail to put enough effort into their relationship. Over time, this could weaken the connection so much that divorce is inevitable.

Mistakes to avoid when divorce is on the horizon

On behalf of Kevin Moser Law, PLLC on Tuesday, January 29, 2019.

If you are headed to divorce court in Fort Mitchell soon, you may want to closely monitor what you do and say. People often change when their marriage is ending. They lose considerations and respect for their partners and say and do things to make the divorce process more difficult to handle. This is likely a time of considerable uncertainty and confusion, and there are plenty of mistakes you could make if you are not careful.

There is no playbook outlining the exact steps you should take to get the divorce outcome you want. However, by avoiding these mistakes, you can help make the situation less stressful and difficult for you and your family.

How to create a parenting schedule that puts children first

On behalf of Kevin Moser Law, PLLC posted in Child Custody on Monday, January 28, 2019.

Parents in Kentucky who are getting a divorce may create a parenting schedule, or a judge might make one for them. These negotiations may be difficult for parents, but they should be aware that if they go to court, one parent could end up with even less time with the child than the other parent originally offered.

The schedule is not for the convenience of the parents. It should also not be looked upon as something a parent wins or loses at or as a tool to get back at the other parent; it is there to facilitate the child's relationship with the parents after a divorce, and parents should put themselves in their child's place when creating it. The schedule should account for the child's activities and such logistical concerns as where each parent lives and how far that is from the child's school. Parents may want to consult older children on their preferences. They should also accept that they may have different approaches to parenting, but that this will not harm the child.

Law enforcement targeting traffic violators to make drug busts

On behalf of Kevin Moser Law, PLLC posted in Traffic Violations on Monday, January 21, 2019.

Individuals driving through Kentucky should be aware that simple traffic violations could escalate into much more serious charges if they happen to be transporting drugs. For example, the Scott County Sheriff's Office recently announced that law enforcement officers arrested three people traveling on I-75 within hours of each other. They were each allegedly carrying drugs in their vehicles.

According to a Facebook post by the sheriff's office, I-75 is a "major thoroughfare" for trafficking drugs between the Northern U.S. and the South, and Scott County is home to 22 miles of the interstate. In addition, several miles of I-64 run through the county. In an effort to identify possible drug traffickers, deputies have been pulling over drivers who commit traffic violations or have infractions such as broken tail lights. Once the vehicles are pulled over, deputies assess whether there is any reason to suspect the drivers or passengers are transporting drugs. If so, the vehicles and occupants are searched.

Former basketball star accused of drunk driving

On behalf of Kevin Moser Law, PLLC posted in DUI on Friday, January 18, 2019.

Former basketball star Felton Spencer was arrested in the early morning hours of Jan. 6 in Kentucky's Oldham County for allegedly driving under the influence. The 51-year-old man, previously a University of Louisville athletic standout and then an NBA player, was found sleeping in the driver's seat of his vehicle at 2:28 a.m. He had stopped in a gas station in the town of Prospect, according to Oldham County police, before falling asleep in his 2006 Ford Expedition.

When police found the Spencer, he was holding a plastic cup with ice. Police say that Spencer told him that he had driven from his house before falling asleep at the gas station. They also reported that he openly said that the cup contained Crown Royal whiskey and that he earlier drank three more glasses of the alcoholic beverage. When he was found, police said that he showed signs of intoxication, including glassy eyes, unsteadiness while standing and a smell of alcohol on his breath. Police said that the man was unable to conduct a field sobriety test successfully.

More divorces for spouses with unequal physical attractiveness

On behalf of Kevin Moser Law, PLLC posted in Divorce on Tuesday, January 8, 2019.

For the most part, people in Kentucky have an innate sense of how attractive they are compared to others. Research indicates that most people seek partners of relatively the same level of physical attractiveness. This approach might set them up for eventual success in marriage because studies show that men with wives with better looks than them have a greater risk of divorce.

A social psychology professor explained that surveys have revealed a lower level of commitment among wives who are more attractive than their husbands. Researchers have identified some reasons for the reduced relationship success between mismatched spouses. Attractive women might flirt more often with others, and their less-attractive spouses might experience jealousy.

Why joint custody is beneficial for children

On behalf of Kevin Moser Law, PLLC posted in Child Custody on Wednesday, January 2, 2019.

As Kentucky parents go through the divorce process, they often focus on how the separation may affect their children. This is especially important when considering questions of child custody. There is a line of thought that says that granting sole custody to the mother is in the best interests of the child. Individuals who share this philosophy believe that infants and toddlers fare better when they are able to spend the night in the same home as their mothers. This has led to a number of fathers accepting an arrangement where the mother has sole custody.

There are many fathers who are actively engaged in the lives of their kids. For these fathers, the idea of giving sole custody to the mother is not something they agree with.

How much does a Kentucky DUI affect auto insurance rates?

On behalf of Kevin Moser Law, PLLC on Friday, December 28, 2018.

As a resident of Kentucky currently dealing with a driving while intoxicated or driving under the influence charge, you may have very real concerns about the considerable penalties you could face, should a judge or jury convict you. Ultimately, the penalties you can expect to face will vary broadly based on factors such as the results of your breath test and whether it is your first offense. However, you may face jail time, hefty fines and substance abuse treatment obligations, among other possible repercussions.

While the criminal repercussions associated with a Kentucky DWI or DUI charge are no joke, they are not the only penalties you may face that can have a significant impact on how you live your life. Per Insure.com, your auto insurance rates, too, will undoubtedly spike following a DWI or DUI conviction, and this can make it even more difficult to keep up with other fees and obligations relating to your conviction.