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Boyle County Legal Blog

Hunting or fishing without a license in Kentucky could cost you

With the fall hunting seasons almost upon us, it's important to understand Kentucky's licensing requirements for hunting, trapping and fishing. Kentucky requires licenses for both residents and non-residents above certain age thresholds unless they qualify for an exemption from licensing. You are expected to have the proper licenses and permits on hand when you are out in the field.

Legally, a Kentucky resident is someone who has established permanent, legal residence in the state and who has resided in Kentucky for 30 days before applying for the license. Full-time students who have been enrolled in a Kentucky educational institution for at least six months also qualify, as do military service personnel who are on permanent assignment in Kentucky. Owning land in the state does not necessarily make you a resident.

When an uncontested divorce does not work

A separation with no conflicts is one of the main goals most upcoming Kentucky divorcees have. The proceedings are easy and the couple and does not suffer as much of an emotional roller coaster if they easily agree on how the asset division goes.

However, the circumstances of your divorce should determine if an uncontested divorce is the right path to take. Only the courtroom can handle certain unavoidable marital problems. If you plan on separating from your spouse, you should know some factors which can make uncontested divorce too difficult in Kentucky.

Is it legal to drink on the water or while boating in Kentucky?

For many people, alcohol is a natural part of relaxing or celebratory activities. If you will be out on the water, however, you should know that it's against the law to operate a boat or vessel while under the influence of alcohol or drugs. That includes personal watercraft, water skis, surfboards and similar devices.

Moreover, by operating a boat or vessel on Kentucky waters, you're legally considered to have consented to drug and alcohol tests to determine whether you are under the influence. A law enforcement officer can administer such tests upon determining there is probable cause to believe that you have been operating while intoxicated.

You can recover lost wages as the result of a car accident

You just finished a hectic eight-hour day at work. As you leave for the parking lot, your spouse sends you a text to pick up a few things at the grocery store on the way home -- no problem. You're tired, but the day is done, and you're looking forward to a routine supper with your family at home.

However, as you take a left turn instead of a right turn to go to the grocery store instead of home, you are t-boned by a driver talking on the phone who failed to yield to you at a four-way stop sign. Police arrive, and an ambulance takes you to a hospital.

Things to include in an employment contract

Your business is growing. Business has been so good, in fact, that your mom and pop operation now needs more employees. Before you can place a help wanted ad online, you may want to consider drawing up an employment contract for your potential new employee. The problem is, you have never created an employment contract, and you have no idea where to start.

Before creating an employment contract on your own, you might want to consult with an attorney that specializes in employment law. Employment law is a very dynamic area and changes occur very rapidly. The drafting of these contracts can be extremely difficult, and it's not recommended anyone undertake this without consultation with a lawyer. The failure to consider state and federal laws could cause some, and possibly all, of those terms to be rendered unenforceable.

How to divide your timeshare after a divorce

Timeshares are unique assets because you share ownership of a property with multiple people. You have to balance between strict usage schedules, taxes and fees and guidelines to follow in “your” vacation home.

You also have to share a property with a former spouse if you divorce. You should know what your options are when you file for divorce especially with a timeshare. There are three main options that you and your partner can consider during the divorce proceedings.  

'Bird nesting' is a new housing option in shared custody cases

During and after a divorce, kids often end up spending time in two homes. They may get two of everything, but there is a lot more travel involved than before -- and that can be inconvenient and disruptive. In an effort to reduce the upheaval, some parents have turned the typical shared parenting arrangement inside out. Now, instead of the child traveling from one parent's home to the other, the parents are doing the traveling.

It's called "bird nesting," and the idea is to have the children remain in the family home full time, while each parent lives there part time. While bird nesting isn't new, it is getting more attention thanks to a new sitcom called "Splitting Up Together" which features the arrangement.

Calling on Kentucky drivers to put down their phones

"Each death is 100 percent preventable."

Those six words kick off the National Safety Council's campaign for Distracted Driving Awareness Month, taking place this month across the country. It's a powerful statement, but one that many read too quickly. Instead, drivers in Kentucky and elsewhere seem to agree that texting while driving is bad, yet act as if it can't happen to them.

Property in Kentucky is subject to equitable division

A divorce is an emotional experience for even the strongest men and women. For those who desire to divorce, ending a marriage can still bring up strong feelings of loss and fear of the future. Common anxieties that afflict divorcing parties revolve around the happiness of their kids and the parties' ongoing financial stability.

Individuals who seek to terminate their marriages must confront a host of important issues as they work through the legal process, from how they will split custody of their kids to how they will divide up the things and property they own. In some states, the property that couples acquire during their marriages is automatically considered jointly owned and, therefore, all marital; however, Kentucky does not follow this rule.

Criminal charges should be met with strong defense strategies

The breadth of recognized crimes in Kentucky is vast. Many different driving behaviors, such as speeding, failing to stop at stop signs and aggressive driving, are all charges that Danville residents may be accused of committing while behind the wheels of their cars. Additionally, crimes can include actions that allege individuals committed wrongs against others, such as assaults, thefts, and batteries.

Some criminal charges may seem more serious than others, but all criminal convictions can impose significant and long-lasting penalties on those unfortunate enough to confront them. While misdemeanor charges may result in files, loss of certain privileges or other consequences, convictions based on felonies may yield sentences that include incarceration. A conviction results if a prosecutor proves their case in court and the defendant cannot provide defenses to their allegedly criminal conduct.

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Sheehan Barnett Dean Pennington Little & Dexter, PSC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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