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Kentucky Law Blog

Hidden assets could be a problem

It is common for one spouse to handle finances for the family. In fact, the other spouse may have no idea of the family’s take-home income, the value assets, investments, retirement plans and other things of value. Ignorance may even be bliss as long as the family lives comfortably, but it is not an option when dividing marital assets during a divorce. While family law attorneys are skilled at identifying hidden assets, spouses should still know what to look for even if they previously were uninvolved in the finances. Common examples Hidden assets could be an honest oversite, an intentional...

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Habits that newly separated parents should avoid

Parents’ separation and divorce will often have a seismic impact upon the family. They need to navigate parenting plans, adjust to living with divided assets, and other new arrangements. Parents will actually need to work harder at communicating, jointly making decisions on matters large and small, and coordinating the countless tasks involved in running a family. There are also adjustments that involve living alone or operating as a single parent. Avoid this type of behavior Whether it is a carryover from a dysfunctional marriage or difficulty adjusting to the new reality, parents can work...

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How alimony now works

The previous generations’ divorces often involved a husband breadwinner and a housewife who did not have a job outside the home. It meant that the husband would usually need to pay both child support to the wife who often had custody (or was the custodial parent) and alimony. Child support was supposed to only go toward paying the expenses of raising the child as a minor. Alimony, on the other hand, is a tool for limiting the unfair economic effect of divorce. This allowed the non-wage earner to maintain a lifestyle. The world is now a different place where both parents often actively...

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Can I force my spouse to leave during our divorce?

Many people make decisions and then act on them. It can be small items like choosing what to eat, but this inclination can also involve life-changing matters like divorce.  So may make sense that a spouse planning to divorce would separate before the divorce is final, particularly if the marriage has degenerated into a toxic living environment. Since spouses share ownership of marital property, it is unlikely that you can force them to leave. However, you should leave immediately if you or the children are in danger. Marital property is shared Nearly all assets accumulated during the...

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Bullitt County Judge denies couple’s grounds for divorce

In early September, Doug and Nicole Potts were stunned when Family Court Judge Monica Meredith said that their marriage was not irretrievably broken as the couple claimed, which is required by state law for marriage dissolution. Despite the couple’s 13-year marriage, $13,000 in marriage counseling fees and a current separation, the judge said they should go back for more marriage counseling. Strong working relationship the issue Like many dedicated and conscientious parents, the couple set up a strong working relationship for raising their child. The judge claimed that she was impressed with...

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Common symptoms of spouses with anger issues

Feeling anger is a natural emotion from time to time. Everyone should feel this way sometimes, regardless of their medication, workout routine or other stress-busting strategies. Getting mad may be appropriate and often put the body and mind on alert for necessary actions. Unlike getting mad, people with an angry disposition are volatile, difficult and stressful to be around. This behavior can be a severe problem that impacts the person and those around them. It can cause a marriage to fail, friendships to end and cost people their jobs. Signs of an angry person The question is whether the...

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Commingling funds puts business ownership at risk

Business owners and their spouses planning to divorce generally understand the concept of marital property and nonmarital property. While there are exceptions for inheritance, gifts, disability rewards, and a few other premises, marital property in Kentucky involves assets (and debts) accrued during the marriage. Couples equitably divide them. Nonmarital property is assets accumulated before the marriage or through the exceptions listed above. The spouse gets to keep these for themselves. These definitions are relatively straightforward, but the picture can get more complicated when there is...

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Grey divorce involves different financial issues

Divorce rates in the United States have gone downward in recent decades. While this trend applies to couples in most age groups, the notable exception is 55 years old and up. The so-called "grey divorce" trend continues to rise. Because of couples' age in this group, some previously essential issues like child custody and visitation are rarely appropriate. Instead, other unique issues become more important. Financial issues are a larger priority A fair and equitable division of assets is always essential during a divorce, but they become more so with older couples. Here are several reasons:...

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Alcohol and drug abuse can impact custody agreements

The Kentucky courts generally favor joint custody. This is because child development experts agree that it is generally in the children's best interests to have both parents actively involved in raising them. Nevertheless, a parent's history of alcohol or drug abuse is a red flag that can impact the custody agreement, parenting plan or visitation arrangements. The most vital issue here is whether the parent can provide a safe and caring environment. Concern over child safety can prompt the other parent to take action, asking the parent to prove or disprove an addiction through testing. This...

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Facts about a Kentucky divorce based on irretrievable breakdown

In Kentucky, a couple who decides to end a marriage and move forward with a divorce can take advantage of the “no-fault” option. This generally means that they do not need to give a concrete reason as to why the marriage is ending. Saying that it is irretrievably broken is sufficient. However, that does not automatically mean that the court will immediately grant the divorce. There are still legal requirements that must be met prior to the divorce being granted and the marriage to be over. Knowing the law for a divorce based on an irretrievable breakdown is imperative and having assistance...

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