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Kentucky Law Blog

Steps to take when leaving an abusive spouse

Domestic violence in a marriage affects not only the abused partner but also the children and extended family. Domestic violence is too often a chronic pattern of behavior from the abuser that family members learn to tolerate. Experts estimate that domestic violence affects 10 million Americans each year, and that many more cases go unreported. The abuse can range from physical, psychological, sexual or emotional trauma, to economic hardship. When children witness or are victims of domestic violence, the cycle of abuse can cause lasting emotional scars and carry on into their adult...

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Consider Kentucky Law Before Relocating with the Kids

Since your divorce, you have been working hard, focusing on your career while guiding your children through school. Things have been tough, but you have been happy. In fact, your company just recognized your effort and wants to promote you. There is just one catch — this new opportunity requires you to move out of Kentucky with the kids. For single parents, Kentucky law does not limit where or when you move. If your children’s co-parent is still in the picture, though, the state courts might weigh in. Understanding how a court makes its ruling will help parents make their case and do what is...

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Take care of yourself emotionally during a divorce

Regardless of whether you initiate it, divorce can be a complex emotional and financial transaction that can have serious ramifications for years, perhaps even decades, to come. But there is a path forward. It might not sound possible right now, but there are things you can do to protect yourself, your children, and your future. It all starts with taking care of yourself. Know how to cope with divorce The emotional toll of divorce can send shockwaves across nearly every aspect of your life. As such, you need to know how to cope with divorce in an emotional way that allows you to find...

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How social media posts can compromise divorce negotiations

Divorce is a very personal and intimate process. A couple going through a divorce must navigate decades of financial records, insurance policies, deeds, and estate planning documents. Couples often rehash old grievances while they manage frayed emotions and a stressful legal process. Many spouses reach out to friends and family for support and companionship during this time, and often through social media. Social media can bridge huge distances to help families and friends reconnect and share. Though social media might seem like a safe place to discuss private or emotional matters, its...

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Divorce mediation offers a peaceful way through negotiations

When a spouse files for divorce, they take on several new challenges. Living and interacting as a couple can become strained and full of anxiety as spouses wait for court dates or to hear back from a lawyer. Over the last 20 years, many couples have found that using an alternative dispute resolution (ADR) to negotiate their divorce can help them emotionally manage the dissolution of their marriage and work together. The most popular form of ADR for divorce is mediation. Mediation offers a collaborative way through negotiations on property division, alimony and even child custody. Mediation...

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When might you need a prenuptial agreement?

As you approach your wedding, you probably have many details to consider about your life together, from where you will live to what your family will look like. Another detail that you may wish to consider is a prenuptial agreement. When might a prenuptial agreement benefit you? You have different incomes If you earn significantly more than your spouse or will receive stock options during the course of your marriage, the court may give your spouse more in a divorce in order to create a fair division of your savings. A prenuptial agreement, however, allows you to divide your finances, your...

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What is the Dissipation of Assets?

Finances and how each spouse handles money can be a constant source of stress in any marriage and may lead to divorce. While one spouse wants to save for retirement or a kids’ college fund, the other spends a family's money as if it burns a hole in their pocket or purse. This situation may even become more exacerbated after the couple files for divorce. This type of spending may qualify as the dissipation of assets. More than wasting money, it is defined as using the couple’s joint holdings for inequitable purposes that would only benefit themselves when divorce is imminent. Common examples...

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Tips for negotiating a divorce

There are many details to be considered and addressed when filing for divorce, but it is also smart to prepare for the negotiation process mentally. There are some important things to remember during a negotiation, whether it is sitting down with a spouse and your lawyers to work out the details or alternate dispute resolution approaches like mediation. Preparing to settle Assuming that the couple and their attorneys are confident that the two sides can find workable solutions to all the major issues, there is some preparation that the client will find useful: Gather financial information:...

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Refinancing the family home may make sense during a divorce

The process of filing for divorce involves a thorough assessment of a couple’s finances. Depending upon the family’s circumstances, it may make sense to refinance their mortgage if one wishes to remain in the family home. In some cases, it may even be an arrangement that is part of the final decree. There are several options There is a lot of paperwork and details to iron out during this time, which may prompt one to put it off, but there are many reasons to pursue refinancing. The big reason is that mortgages are currently at historic lows, which is good for keeping the old home or buying a...

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