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Kentucky Law Blog

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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Fathers can strengthen their chances of shared custody

It is now common for courts to award joint custody to parents who divorce. This supports the belief that it is in the children's best interests to have both parents actively involved. Nevertheless, the mother may feel otherwise on this issue, and push for full custody, limited visitation for dad or using her home as the children’s primary residence. Family experts point out that fathers fill a variety of crucial roles in their children's lives. It can involve traditional activities like outdoor sports, but it also can include help with homework or a stable presence as the kids grow up....

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Marrying an entrepreneur can lead to problems

Some fall in love with ambitious people. They likely found the trait attractive or even comforting, thinking that this partnership will be quite successful. At some point, they may have shifted direction, moving from an executive position at a company to starting a company of their own. It would be an exciting change and worth the support when the risk pays off, and the new company is successful. If the company did not work out, there was no doubt that they would find something else. A marriage with two wives The unfortunate reality for entrepreneurs and those who launch their own business...

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How to value a business during divorce

Dividing assets in a divorce are often one of the most complicated parts of the process. Because couples rarely split everything in half, the two sides go through a process of valuing everything so that they can arrive at a fair and equitable agreement. While this may sound relatively simple, it can be hard agreeing to the value of something. It is especially true when the asset is a business. Value involves different factors Many different factors go into the value of a business. Partnerships or larger companies have this figured out as part of the business agreement, but individuals who...

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Dividing student loans in a divorce

When people get a divorce, in addition to dividing shared property, they may also have debts that one or both people will be responsible for. The average age for a first divorce is 30, and this means that many people who are getting a divorce might have student loans. Since Kentucky is not a community property state, if the loan is in just one person's name, that person will be responsible for its repayment. However, student loans are not always straightforward. For example, while federal student loans do not require a cosigner, a private student loan may. If a spouse is a cosigner, they may...

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Defense strategies when facing assault charges

Not just in these uncertain times, but nearly any time, tensions can flare when disagreements based on perceived insults arise between friends, acquaintances and strangers. Some situations can abruptly pivot, turning into a scenario similar to a pressure cooker ready to blow its top. Tempers at a boiling point can lead to physical altercations. And some of these incidents involving fisticuffs may even be unprovoked. Regardless, you have found yourself in the middle of a major predicament: criminal charges. Faced with an assault charge, you understand the seriousness. A conviction can lead to...

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Thoroughly scrutinize assets in gray divorce cases

The signs were subtle and then blatant. After decades of marriage, you know that your union is in trouble. Your spouse “turned the key,” while you had expected to stay married until one of you died. For nearly anyone, gray divorce causes emotional and financial turmoil. Perhaps in your marriage, you sacrificed so much that your needs and wants always took a back seat to your spouse’s. That will have to change. Now, it is time to look out for yourself. You have spent nearly your entire adult life with your spouse. And during your lengthy marriage, the two of you accumulated many assets, some...

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Taxes and divorce

The federal tax deadline was pushed back to July 15 to accommodate the challenges taxpayers face amidst the pandemic. Early filers likely did their taxes before the announcement, but there are still many who will wait until the last possible moment to do it. One wrinkle experienced by some is that they are getting divorced or recently finalized their decree. This means significant changes in how some file taxes this year and in the near future. A tax professional should handle specific tax advice, but there are some general questions that can be addressed. These include: Should the marital...

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Spouses recognize cases of infidelity during shelter at home

The challenges that couples face during this pandemic would have seemed unthinkable when they took their marriage vows. Less surprising, however, is that spouses are learning more about their spouse by spending much of the last few months in the same living space. While some have reconnected and revitalized their relationship, all this togetherness prompted others to realize that their partner cheats on them. Observant spouses often can recognize the signs of infidelity, but the unique circumstances of current living-work arrangements add a new twist to the old behavior. Signs of infidelity...

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