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Kentucky Law Blog

How to split debt during divorce

Kentucky courts divide assets and debts as part of divorce settlements. While many worry about who gets the house, cars or other high-value assets, they should also worry about marital debt, which includes mortgages, car loans and credit cards. Both parties share the responsibility of repayment, but the split is similar to splitting assets in that it is fair and equitable. While splitting debt can be challenging, but is generally recommended that the couple pay off all marital debt before the divorce is final. It makes for a clean break and protects future assets – a shared debt follows the...

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How will your high-value assets get divided?

Families that count businesses, investments, estate plans, and maybe even bitcoin or artwork face serious challenges when dividing marital assets. Each spouse must get an accurate list of the assets. Considering there may be thousands or millions of dollars at stake, it is essential to evaluate each asset individually to ensure that the assets are appropriately valued and retain that value despite the marriage's dissolution. Below are some effective strategies to minimize unnecessary expenses and determine a fair and equitable split of marital assets during the divorce. Get accurate...

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How can virtual visitation protect your relationship with your child?

Regular contact with your child is essential to building and maintaining a strong relationship as they grow and mature. Unfortunately, a divorced parent may not always be able to be in the room with them, particularly if you move out of town or your career takes you away from the area where they live. For parents in these situations who share custody with their child's other parent, virtual parenting time (sometimes called virtual visitation) may offer an opportunity to maintain contact during this interruption to the schedule. What is virtual parenting time? Virtual parenting time is a...

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It may be possible to terminate a coparent’s rights

Kentucky family courts typically award joint custody to parents who divorce. It may not mean that the children spend equal time in each household, but it does mean that each parent has an equal say in how the child is raised and is also responsible for the care and support of the child. Unfortunately, not all coparents can (or choose to) meet those obligations. Instead, they are unreliable, unsafe, or untrustworthy caregivers. Circumstances like these can prompt coparents to explore terminating the other parent's rights, which ends the parent’s legal, financial, and social responsibility....

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How to create a viable holiday visitation schedule

The school year is underway, and the holidays will be here before you know it. Those parents planning their divorce will likely have a very different holiday season this year. The key to making it work for the kids and the parents are creating a holiday visitation schedule that minimizes the stress while still touching upon many of the family's usual traditions. Some tried-and-true formulas are popular for a reason, but some preplanning may be necessary to address the family member's unique needs. The tried and true Here are some that have been successful for many families with divorced...

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What to know about stepparent adoption in Kentucky

Many parents bring pre-existing children into a marriage, regardless of whether it is the first or subsequent marriage. Ideally, the couple strengthens their love and bond, which can lead to a discussion of formalizing a role they may already play in the lives of their spouse's children. It is one of the most straightforward types of adoption, but there are still hurdles to jump before the process is complete. Consent is typically required The child’s other biological parent must still consent to the adoption if they have parental rights. However, the married stepparent may have already had...

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Weighing options: the benefits of open, mediated and closed adoption

The decision to expand the family through adoption is exciting but has many important details to address before the process is complete. No decision is more critical than choosing open, mediated or closed adoption. There are no right or wrong answers. Instead, it's a matter of choosing the type that fits the family's unique needs. When weighing the decision, it is essential to understand and consider the strengths of each: Open adoption Open adoption means that the biological parents and/or extended family remain a part of the adoptive family's life. The degrees of interaction will vary, but...

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5 great reasons for getting divorced

Many divorces involve an amicable parting of ways and may remain friends or co-parent partners in raising the family. There may be other situations, however, where it is clear that the marriage needs to end, regardless of what a spouse says about changing their ways or "working it out." The decision is still difficult, with an incredible amount of change on the horizon, but the decision to leave is ultimately the right one. Marriage counselors often try to help couples rekindle the romance or relationship, but there are good reasons for calling it quits. Every relationship is different, but...

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Are those texts actually deleted?

The Congressional investigation into the events on January 6, 2021, has yielded a wealth of information about who did what and said what on the day. Witnesses provided much of this information, but investigators have also sought or subpoenaed data, papers and electronic evidence. So it was with the Secret Service details protecting the president and vice president, but they responded that the texts sent by agents on that day might have been wiped from their devices in a system migration. The messages may not be lost, whether it is a person deleting texts or emails from their phone or...

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What documents are crucial to planning a divorce?

Your attorney will need information about the marriage before starting the divorce process. While personal information is important, the often-contentious negotiation of dividing assets is based on these critical documents. This information provides a facts-and-figures account of marital assets, marital debt, property valuations, and other vital financial information. A spouse may say things to a mediator or in court, but these documents may provide a more accurate account of the family's marital assets. The client can gather the papers and then put them in an organized file for the attorney...

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