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Kentucky Law Blog

Protecting your business in a divorce

It takes a lot to own a small business. Many small business owners pour their life savings and countless hours into their business, only to have to share it with their ex-spouse in the divorce. Kentucky is an equitable distribution state, meaning that any property acquired during the marriage is considered marital property. Businesses started during the course of the marriage, and businesses started prior to the marriage but that increase in value during the marriage, may also be considered marital property and can be divided between the two spouses in a divorce. There are a few ways you can...

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Easing the impact of divorce on children

Divorce is stressful for everyone involved, but especially for children. While each child is different, many kids recover faster than others. The positive news is that when Kentucky parents work in unison to reduce the effects of divorce, those efforts can pay dividends in helping kids adjust to their new family dynamic. How do kids react to divorce? While each child is unique, the psychological impact typically fosters common feelings among children in these age groups: Preschool: Very young kids are often confused about why they are living in two separate households. They can wonder if mom...

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Is your spouse hiding assets during a divorce?

During a marriage couples in Kentucky share a life together. However, if they divorce they must split that life they shared together. This is not always an easy process and often it is also an emotional time in everyone’s lives which can make the process even more difficult. Despite this fact couples still do need to divide all of their marital assets they acquired during the marriage during the divorce. This process starts with determining the amount and types of marital assets the couple have in their possession. The assets people need to determine can be bank accounts, retirement...

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What are three tips for a happier marriage?

For those in a loving relationship after the last 12 months, congratulations! However, for those couples who are not currently in marriage bliss (and, if media reports are any indication, are in the vast majority of married couples), we have three tips to help craft a happier marriage. Support, support, support Many think that one of the top reasons for a divorce is infidelity. After all, infidelity is a hot topic that makes for good television, but often, divorce is tied to some major (often, catastrophic) life event. These major life events, like deaths and major illnesses, test marriage...

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Requesting a child custody modification in Kentucky

Once a child custody order is in place, former couples are legally required to abide by the terms of that order. If you violate a custody order, you may be held in contempt and the judge may require you to serve time in jail, especially if it is not your first violation. So what should you do if you can no longer abide by the original terms of your custody order? Your best option is to file a request for modification. Should I request a modification? Once a child custody order is finalized, courts will not permit you to make changes to that order without good reason. According to Kentucky...

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2020 has influenced divorce and family life in myriad ways

Family matters are always complex, but for people in Kentucky and across the nation, the ongoing health crisis has stoked fundamental changes in the way many people live. Not only have finances been strained and work life radically altered, but children are impacted and the overall lifestyle is substantially different. Recent research has assessed how people are coping with the circumstances and how it might impact the future. People who are dealing with their own challenges at home might want to consider the analysis. Divorce rates have seemingly declined, but that might be circumstantial...

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How domestic violence allegations impact divorce proceedings

One of the most difficult events a Kentucky couple can go through is divorce. However, certain factors could make an already challenging time harder. When one spouse alleges violence or abuse, this can evolve into a very emotional and complex matter. Not only do these allegations need to be established and weighed in, but if children are involved, this could also be a major factor when determining custody and visitation. What does domestic violence look like? While the state of Kentucky has an exact definition of domestic violence, this encompasses various acts or conduct. This could include...

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Can a court-authored divorce decree ever be changed?

A family law court order is a serious thing, of course. A divorce-linked decree relevant to child custody, visitation, a parenting plan, relocation, support or any other matter spells out legal rights and duties. It is not an advisory declaration that merely seeks to guide divorcing spouses; rather, it is a judicial edict that is expected to be adhered to. Most parents do just that, for multiple and obvious reasons. For starters, it is generally close input from moms and dads in the first place that centrally dictates the rules and processes set forth in an order. Moreover, there is an...

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Dividing assets in a Kentucky divorce

Dividing marital property can be one of the messiest aspects of a Kentucky divorce, and anticipation of going through such a process can be a great source of pre-divorce anxiety. Knowing about how Kentucky law provides for the division of marital assets can, however, alleviate much of the anticipated stress. Basics of property division laws in Kentucky Kentucky is not a “community property” state, that is, a state where all marital property is divided 50/50. Instead, Kentucky is what is known as an “equitable distribution” state when it comes to marital property. The judge or referee who is...

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In Kim-Kanye split, how can Kim own the land and Kanye the house?

At this point, most of us have heard the big news from Tuesday night, Kim Kardashian and Kanye West are heading for divorce. This is sad, but not entirely, unexpected news. Though, some may have noticed that their primary residence is not owned jointly by Kim and Kanye, which could prove problematic in their subsequent property division process. Bifurcated property In this case, Page Six reported that Kim owns the land under their Calabasas house, as well as the surrounding properties, but Kanye owns the home itself and all improvements. Though, reportedly, both Kim and Kanye have spent a...

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