James E. Bruce, Jr., Attorney at Law Hopkinsville Family Law Lawyer | Fort Campbell KY Personal Injury Attorney 2026-07-10T20:11:37Z https://www.jeb-law.com/feed/atom/ WordPress On Behalf of James E. Bruce, Jr., Attorney at Law <![CDATA[What happens to debt when you get divorced in Kentucky?]]> https://www.jeb-law.com/?p=47452 2026-05-29T07:59:03Z 2026-05-29T07:59:03Z What counts as marital debt in Kentucky In Kentucky, the law automatically treats assets acquired during a marriage as marital property. However, the same rule does not apply to debts. Courts evaluate who incurred it, who signed on it and who actually benefited from it. If you are claiming a debt is joint, you bear the legal burden of proving that it served a clear marital purpose.

How courts divide shared debt

Kentucky is an equitable distribution state, which means courts divide shared liabilities in just proportions rather than automatically splitting everything equally. To determine what is fair, a judge will look at the financial situation of each spouse and identify who primarily benefited from the debt. For instance, courts treat a loan used for household expenses differently from one taken on for purely personal reasons.

Which debts are not subject to division

Kentucky law recognizes three situations where a financial obligation stays with one spouse:
  • Pre-marriage debt: Any balance either spouse took on before the wedding day typically stays with that person.
  • Financial misconduct: If one spouse accumulated debt through gambling or reckless spending, a judge will usually assign that to them alone.
  • Post-separation debt: Debt incurred after a formal legal separation generally stays with whoever took it on. However, if either spouse built up balances during an informal separation to cover household expenses, a court may still classify those as marital.
Misclassifying your debt can significantly affect the division of your entire marital property. 

Why legal guidance matters

Dividing liabilities in a Kentucky divorce involves nuanced legal standards that vary depending on your specific financial situation. Working with a family law attorney can help you understand where each debt falls, protect your rights throughout the process, and avoid taking on obligations that may not be yours.]]> On Behalf of James E. Bruce, Jr., Attorney at Law <![CDATA[What makes a Kentucky slip and fall case strong or weak?]]> https://www.jeb-law.com/?p=47436 2026-02-20T08:55:15Z 2026-02-20T08:55:15Z Slip-and-fall accidents can happen anywhere. A wet grocery store floor, an icy sidewalk or a broken step can cause serious injury. In Kentucky, not every fall leads to a legal claim. The strength of a case depends on the proof, the timing and the actions of both the property owner and the injured person. Understanding these factors helps you know what to expect.

What makes a case strong

In Kentucky, property owners must keep their grounds reasonably safe for visitors. This rule applies to stores, restaurants and apartment complexes. A case becomes stronger when you prove the owner caused the hazard or knew it was there and failed to fix it. Under the mode-of-operation rule, if a store's setup makes spills likely, the burden may shift to the store to prove it acted carefully. Key evidence includes surveillance video, incident reports and witness statements. Clear photos of the scene and seeing a doctor right away also make a big difference. Another factor is your own care. Kentucky follows a pure comparative fault rule. This means you can still recover money even if you were partly to blame, though the court will reduce your total award by your percentage of fault.

What can make a case weak

A case often becomes weaker if you lack evidence. If no one reported the hazard and no photos exist, you may struggle to prove what happened. If a spill appeared only seconds before you fell, the owner may not have had enough time to fix it. The biggest risk to a Kentucky case is timing. Kentucky sets a very short one-year statute of limitations. If you do not file your lawsuit within one year of the accident, the court will likely dismiss your claim and you will lose your right to sue forever.

When to seek advice

Small details, such as maintenance logs and video footage, often determine the outcome of slip-and-fall cases. Because the one-year deadline is so short, you need to act quickly. A Kentucky attorney can help you understand your rights and guide you through the legal process.]]> On Behalf of James E. Bruce, Jr., Attorney at Law <![CDATA[How to deal with harmful statements in a personal injury case]]> https://www.jeb-law.com/?p=47435 2025-12-10T19:25:30Z 2025-12-05T19:03:26Z
  • Attack credibility: Even if you made a statement that may be somewhat damaging to your case, the defendant might exaggerate or take your words out of context to cause additional harm to your claim. Here, you may be able to question the reliability and credibility of the defendant or other witness who is testifying to your statements so that the jury will give their account less weight. This may minimize the harm that your statements end up causing to your case.
  • Contextualize: Even if you contributed to the accident in question, there’s a chance that you can still win your case. It’s just that the amount of compensation that you end up walking away with could be reduced by the amount of fault allocated to you. So, try to contextualize your statements and your actions in the grand scheme of the wreck. Again, this can minimize the impact that your statements end up having on the outcome of your case.
  • Use the rules of evidence: Although you’re a party opponent and your statements will generally be admitted into evidence without much issue, there may be circumstances where you’re able to block evidence from being admitted. For example, if the defense tries to admit social media posts, you might be able to object on foundational issues. Try to be creative here to see what you can do to block harmful evidence from being used against you.

    • Don’t let your own statements derail your personal injury case

    We know there’s a lot of stress involved with navigating a personal injury case, but don’t let the pressure lead to mistakes like making harmful statements or failing to appropriately generate a legal strategy to address them. Instead, you should get to work now building a legal strategy that protects the strength your case.]]>         On Behalf of James E. Bruce, Jr., Attorney at Law <![CDATA[A fair spousal maintenance order after divorce]]> https://www.jeb-law.com/?p=47434 2025-09-17T19:56:08Z 2025-09-17T19:56:08Z understand the law for spousal maintenance and what factors come to the forefront when a determination is made.

    The court strives to reach a fair resolution for both parties

    When the court looks at the couple’s circumstances, it will need to know if the person asking for support does not have enough property to support themselves or they cannot find suitable employment to support themselves. It can also award support if the receiving party is caring for a child and they need to remain at home. There are several considerations that will enter the equation of how much support will be paid and for how long. When the finances are assessed, including how marital property is shared, the court will assess whether the person asking for maintenance can meet their needs without support. If they have skills or training to get a job immediately, then they might not need a significant amount in support, if they need it at all. However, many people who were either working part time or were stay-at-home spouses will not have the skills, training and education to find employment in the current economy. They will need to acquire skills to get back in the job market and make enough income so they can support themselves. In these circumstances, the court can decide that the paying party will only be obligated to provide support until the receiving party has gotten that education or training. People have a standard of living when they are married. An affluent couple might have lived a certain lifestyle. That is expected to be reasonably maintained after the divorce. People of more modest means will be assessed in a different light with the maintenance order adjusted accordingly. The duration of the marriage is a key factor. Longer marriages in which people are older when they divorce and could have trouble adapting after the marriage is over. They could be nearing retirement age. This will be part of the process when the court determines an amount in support and how long it will last. A younger couple that was married for a short time will have a different landscape. The person who is being asked to pay maintenance will also have their needs and circumstances analyzed. They must be able to meet their needs after the marriage. The amount ordered will reflect their finances, income, costs, and more.

    Make sure to be protected in a divorce case

    A divorce does not need to be a complex affair. In many instances, the sides can come together to agree on a fair resolution. In others, it is not so easy. No matter what, people should make sure they are fully protected and have all the necessary help with their divorce case. That is particularly true with spousal support. There is no reason to be fearful when getting divorced. Having experienced guidance can assist with reaching a positive result.]]>         On Behalf of James E. Bruce, Jr., Attorney at Law <![CDATA[Where can you find evidence demonstrating road rage?]]> https://www.jeb-law.com/?p=47433 2025-09-11T15:14:04Z 2025-09-11T14:54:14Z How can you prove your road rage personal injury case? You need ample evidence to prove negligence, causation and damages if you hope to win your case. Here are some places to start looking for that evidence:
    • Video footage: Whether it’s from a dashcam or a traffic camera, video evidence can be compelling and give you a leg up on the defendant in your personal injury case. It can clearly show how the accident occurred and capture the road rage behavior exhibited by the defendant, which may be the final piece you need to secure a win on your claim.
    • Witness testimony: There tend to be witnesses to incidents of road rage. You need those individuals to testify to what they’ve seen so that the judge and jury don’t have to take your word for what happened. So, be sure to scour the scene of your accident or refer to pictures and videos of the crash site to identify those who may be able to help you build your case.
    • Expert analysis: In a road rage incident like brake checking, where the driver of the rear-ending vehicle may appear to be to blame at first, expert analysis of the accident scene can be critical. Here, an accident reconstruction expert can assess tire marks, vehicle resting positions and weather conditions to determine the exact cause of the crash. They can also develop a persuasive recreation of the wreck, which could be compelling for the jury in your case.
    • Social media posts: By scouring the errant driver’s social media pages, you may find that they have a history of road rage or that they’ve even talked about the accident in question. These posts can serve as valuable evidence to demonstrate the driver’s propensity for aggressiveness and the cause of the crash.

    Take control of your road rage-related personal injury lawsuit

    When you’re going up against an aggressive individual in the legal arena, you may feel like you’re back on your heels throughout the process. But that’s no way to pursue a personal injury lawsuit. Instead, you have to take command of your claim and confidently and competently pursue and present the evidence necessary to support your legal arguments. While that may be stressful to think about, you don’t have to figure it all out on your own. Your personal injury attorney can help you develop the strategy needed to maximize your chances of success. Hopefully then you’ll be able to find accountability and closure while securing the compensation needed to effectively spur your recovery forward.]]>         On Behalf of James E. Bruce, Jr., Attorney at Law <![CDATA[How much do you have to talk to your spouse during divorce?]]> https://www.jeb-law.com/?p=47431 2025-06-06T16:03:17Z 2025-06-06T16:03:17Z the boundaries that you want to set. Let’s look at some strategies you can use to reduce the amount of communication you have to have with your spouse and how to minimize the conflict it creates.

    Communication strategies to utilize in your divorce

    There are several ways to address communication in divorce. Here are some that you may want to consider in yours so that you reduce conflict, keep your sanity and find favorable resolution:
    • Speak through your attorney: One of the best ways to reduce or even eliminate the amount of communication you have with your spouse during divorce is to use your attorney as a go-between. While your attorney will bring back messages from your spouse, at least they’ll be filtered, and you won’t have to deal with the direct face-to-face contact that you may be dreading. Using this option can also help ensure that your responses are tempered and well-thought out from a strategical perspective.
    • Reduce everything to writing: You don’t want to get caught in a situation where you and your spouse disagree over what was said about a key divorce legal issue. That’s why it’s a good idea to only communicate in writing. This will create a strong record that you can refer back to, and it’ll take out some of the contentiousness that’s often associated with face-to-face conversations in these contexts. Also, this will allow you to communicate as much or as little as you’d like. You can even block your spouse if things become too heated.
    • Know when to walk away: In an ideal world, you and your spouse would be able to work out all your divorce legal issues without need for court involvement. But sometimes this is an unrealistic expectation. If you and your spouse simply can’t communicate in an effective way during settlement negotiations, then you need to be able to walk away, take the matter to court and let your attorney advocate on your behalf. You don’t deserve to be subjected to a toxic environment during settlement talks. So, know when it’s time to walk away.

    Take control to secure the type of divorce that you want

    It can feel like your spouse is trying to control the divorce process from the get-go. While that can be intimidating, you don’t have to let them commandeer every issue. Instead, you can find advocacy and communication strategies that not only protect your legal interests, but also your emotional and psychological well-being. That’s why it’s important to discuss with your attorney the amount and type of communication you can handle with your spouse and what you hope to get out of your divorce. This will give you a strong starting point to lay the foundation for the marriage dissolution you deserve.]]>         On Behalf of James E. Bruce, Jr., Attorney at Law <![CDATA[Tips for communicating with your co-parent]]> https://www.jeb-law.com/?p=47430 2025-03-12T15:30:22Z 2025-03-12T15:30:22Z Communicate in writing Try to keep most, if not all, communication in writing, especially when it comes to major issues, such as a change in the custody schedule. A written record prevents future disagreements that are based on nothing more than “he said/she said” statements. Additionally, our memories are not always accurate. We may believe we agreed to something which we did not, or vice versa. A written record that refreshes everyone’s memory goes a long way toward resolving a conflict. Keep communications brief and to the point. Have an understanding with your co-parent about how many messages are appropriate in a day or how long each message should be. Communicating in writing should be a general rule. Be flexible and use common sense in situations where a quick phone call is more appropriate, such as in an emergency.

    Being flexible and respectful

    Flexibility is an important quality to have in all circumstances. Remember to keep the focus in your communications on the best interest of your children. For example, your custody schedule might dictate that you receive custody on Thanksgiving this year. However, you learn that one of your co-parent’s family members is critically ill and not expected to survive much longer. Your children have a special bond with this family member and Thanksgiving is the only time they have a chance to spend time with them. It is likely in your children’s best interest for you to be flexible and give up Thanksgiving as “your” holiday this year so your children can spend time with the ill family member. In this case, avoid name-calling or blaming your co-parent for making you miss Thanksgiving with the children. Be polite and respectful and use your communication to come up with win-win solutions, such as picking an alternative day for you to celebrate with the children.

    Do not put your children in the middle

    Keep your children out of disagreements or conflicts that arise between you and your co-parent. Disagreements will come up, but handling the disagreements should always be done outside of the children’s presence. Your children should also not be used as messengers to communicate between you and your co-parent. Even in the absence of disagreement, using your children to send messages rather than simply talking with your co-parent puts your children in the middle and can make them feel like they are carrying too much responsibility.]]>         On Behalf of James E. Bruce, Jr., Attorney at Law <![CDATA[What might happen to my boat during a divorce?]]> https://www.jeb-law.com/?p=47429 2024-12-17T20:41:04Z 2024-12-17T20:41:04Z figure out how to divide them should they divorce their spouses. Like other states, Kentucky does not necessarily count all a couple’s property as marital property. For example, a person who owned their boat prior to marriage may be able to claim it as separate property, and therefore not subject to marital property division. That said, when courts are deciding how to divide property during a divorce, they do more than just look at who originally bought the item. Sometimes, an asset can be commingled during a long marriage, meaning that the other spouse acquires a property interest in that asset over time. For instance, the boat owner may have used a joint bank account with their spouse to pay for repairs and maintenance to the boat. In this case, the other spouse could argue that they should be compensated for what they contributed to the value of the boat. This doesn’t necessarily mean the spouses will divide the value of the boat 50/50 between them. They may negotiate a different percentage. This principle can apply to many types of property, including homes, retirement accounts and ownership stakes in a business. Some of these assets can be very complicated to divide in a divorce. By comparison, dividing a boat is much more straightforward, but it isn’t always easy.

    How a divorce court will handle a boat depends on the circumstances

    The first step is to figure out how much the boat is worth. The value of a used boat depends  on what comparable boats would fetch on the open market. For instance, if five similarly-sized boats in similar condition were sold in Kentucky over the previous 12 months, the spouses might take the average selling price of those boats and agree that this should be considered the value of the boat in their case. In this sense, valuing boats is like valuing most cars or houses, as there is some basis for comparison. On the other hand, yachts or other larger, customized boats may require some special expertise to evaluate. Even the value of boats that are more widely available can also fluctuate based on variables like upgrades, maintenance record and usage. Once the couple agrees on or the court establishes a value for the boat, the couple will then have to figure out how to divide it. Usually, it makes more sense for one of the spouses to keep the boat rather than try to share it. Who actually keeps the boat after the divorce will depend on many circumstances, including, for example, who is in the best position to afford its upkeep and who, historically, has used it more often. The spouse who does not keep the boat may keep other property or be entitled to a buyout of their share of the boat’s value.]]>         On Behalf of James E. Bruce, Jr., Attorney at Law <![CDATA[Kentucky sees increase in fatal truck accidents]]> https://www.jeb-law.com/?p=47428 2024-09-03T18:29:40Z 2024-09-16T18:10:54Z According to a recent report, the number of fatalities from truck accidents in Kentucky has significantly increased in recent years. The report, released by the Institute for Safer Trucking, states that 82 people were killed in truck accidents in 2012. This number increased to 128 by 2021. This increase in truck accidents is not unique to Kentucky. Several states have seen an increase in truck accident injuries and deaths, making our roads more dangerous overall.

    Top reasons for the increase

    There are several reasons for this increase. Speed limits have increased in many states. In the past, the speed limit was typically 55 or 65 miles per hour. Today, speed limits are often 70 miles per hour or more. Since drivers often drive over the speed limit, this means an average highway can have drivers traveling at speeds between 80 and 90 miles per hour. Vehicles moving at high speeds cause more serious accidents, especially when the collision involves a large truck. The popularity of online shopping and fast delivery services is another major reason for the increase of trucks on the road. Many online shopping services today offer same-day delivery. In addition to more trucks on the road, this means truck drivers are usually under tight schedules and strict deadlines to meet delivery goals. This could lead to reckless driving, which increases the chance of an accident. Minimum levels of insurance are another major cause. The minimum insurance requirements for interstate motor carriers have not been increased since 1980, despite inflation or rising costs. The result is unsafe trucks on the road and financial devastation for victims of truck accidents.

    What to do after a truck accident

    When you are involved in a truck accident, you may be in shock and not immediately realize the extent of your injuries. You should always have a thorough checkup after a truck accident, even if you believe you are not seriously injured. Injuries such as head, back and neck injuries may not become known for days or weeks after the accident. Follow your doctor’s instructions and treat your injuries properly. Document the accident scene and your injuries through photographs, videos and eyewitness statements. Save all medical records. Contact the police and obtain a police report. These are forms of evidence that can be extremely valuable in a personal injury case. Many truck accidents are caused by a truck driver’s negligence. You must prove negligence to recover compensation for your losses, which can include medical expenses, lost wages and pain and suffering. These losses can quickly add up and impact you physically and psychologically. Building the strongest case for negligence possible increases your chance of recovering adequate compensation.]]>         On Behalf of James E. Bruce, Jr., Attorney at Law <![CDATA[Property division can be a contentious issue in a divorce]]> https://www.jeb-law.com/?p=47425 2024-06-06T16:20:40Z 2024-06-13T16:19:28Z Understanding the law for property division and how the courts will decide who gets what should not be ignored.

    Know the factors that are considered with property division

    Kentucky adheres to an equitable distribution model meaning that the property from the marriage will be divided in what the court perceives as a “fair” way. That differs from community property states where any item that was accrued after the marriage will be split in half. When deciding how to divide property, the court will look at many factors. It will assess each person’s contribution to its acquisition. While that might be viewed as meaning the person who earned the money that purchased the item will get to retain it, that is not always the case. If a person contributed in some way – even as a homemaker – then this will be factored in with the determination. The value of the property will be considered. For example, if there is a marital home, each side contributed to its purchase, improvements and upkeep, this will be viewed carefully by the court when deciding how to divide it. The length of the marriage will be important as a longer marriage will likely mean the sides amassed more property. The court will gauge the economic circumstances when the property is to be divided. That will include whether a marital home will be awarded to one party who might remain in the home with children from the marriage. Marital property is anything that was acquired after the couple was married, but there are exceptions. If it was gift or was given to one person as part of an estate plan, then it belongs to them. Still, if the other person contributed to its increase in value, then that increase could be considered marital property.

    Be prepared to reach a fair outcome when dividing property

    Property division can be difficult and contentious. Of course, in some situations, the parties are on good terms and want to end the marriage and move on as seamlessly as possible. They can negotiate and come to an agreement to split or trade certain properties. In other instances, it is not so simple. The law can be confusing with property division and people need to be prepared and protected. From the beginning of the case, it is essential to be aware of the law and know how to reach a fair resolution. Having assistance with these and other family law matters is critical to a case.]]>