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Kentucky Law Blog

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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Property division and exceptions to the law for marital property

When a Kentucky couple decides to divorce, there are a litany of issues that will be part of the process and may be in dispute. Although children will come to the forefront with custody and visitation and spousal maintenance will be a concern, property division can be a major topic about which the sides may disagree. The disparity between marital property and non-marital property can be a source of confusion especially if certain items were accrued after the couple were married. Having legal assistance in these circumstances may be essential to address any property disputes. Determining what...

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What is an annulment and when is it appropriate?

For some people who want to end their marriage, a divorce is not enough. Your marriage might have happened in circumstances that could invalidate it, and you may believe a divorce will not do enough to disconnect you from your spouse. In this case, you may feel compelled to pursue an annulment instead. Before seeking one, though, you must understand the situations in which doing so is appropriate. How annulment works An annulment is different from a divorce because it treats your marriage as if it never happened. This may seem like an enticing way to end your marriage if the relationship...

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The role of the child custody evaluation

If your children are the most important thing in your life, then a child custody dispute might have you feeling stressed and overwhelmed. That’s understandable given the stakes involved. After all, the outcome of a child custody matter can have a profound impact not only on your relationship with your child, but also potentially on your child’s safety and well-being. That’s why you want to be as prepared as possible before presenting your arguments to a judge who may have the ultimate say in these matters. The importance of a child custody evaluation One way you might be able to generate...

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