Goldberg Simpson Attorneys Win Court of Appeals Case

On May 27, 2016, attorneys Troy D. DeMuth and Allison S. Russell on the Goldberg Simpson Domestic Relations team won a significant Court of Appeals case on behalf of their client. The client is the wife in a divorce action. The case involved an award of attorney’s fees. The trial court had ordered the wife to pay her former spouse’s excessive attorney’s fees. The Court of Appeals reversed the trial court’s decision and determined that it was erroneous to force the wife to pay her ex-husband’s attorney’s fees in light of his abusive litigation tactics. In Kentucky, courts are permitted to require one party to pay the other party’s fees in divorce actions under certain circumstances. Typically, the court has wide discretion in denying or granting an award of attorney’s fees. However, in this case, the Court of Appeals slightly modified the law in favor of the wife by holding that one party cannot engage in abusive litigation tactics and recover attorney’s fees for doing so. This case serves as an important example why parties in divorce matters need the assistance of experienced, knowledgeable attorneys to defend their rights. The case is Hencye v. White, Case No. 2013-CA-002079-MR.