Kentucky Law Blog

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...

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...

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...

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:...

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...

Whenever you are out in public in a larger city like Louisville or a suburb like La Grange, you are probably being watched. Security cameras are everywhere these days but are discreet enough that you may never notice. Then you get home, where nobody is taping you without your knowledge. But are you sure? If you are married, your spouse might be spying on you. And what they find on the video could lead to divorce. One in five are peeping on their spouses A British law firm told the New York Post that about 20 percent of its divorce clients admitted to using spy cameras and other technology to...

The property division process during divorce can help divorcing couples divide all different types of property and assets they may own together. One significant example is how to split the family home when the time to divide property during the divorce has come. There are generally three different options for splitting a home during divorce. Sell the house and split the proceeds This option is typically the cleanest and simplest way to split the couple’s equity in a home. Once the home has been sold, the mortgage debt is paid along with any taxes and expenses associated with the sale and the...