Kentucky Law Blog

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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Celebrating Father’s Day in 2020

This year’s Father’s Day will be like no other thanks to the coronavirus pandemic. But setting that aside for a moment, it can also be a delicate dance for the parents, mainly if this is the first since the divorce or the working relationship between the parents is strained. Regardless of how an ex-wife feels, it is essential to support Father’s Day and encourage the children to recognize it as a chance to celebrate dad. Inspiring handmade gifts made by young hands can be cherished mementos while helping older kids with the shopping can help steady the family ship – it is an opportunity to...

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Children have their own worries during a divorce

Even the most civil of divorces can still cause a certain amount of anxiety in the kids. The parents are working out the details of dividing assets, determining custody and parenting plans, child support as well as many other details. These all add up to significant changes in the lives of children who want nothing more than going back to normal. Well-intentioned parents may wish to share details about the divorce, perhaps in hopes of enabling the children to understand what is happening and why. This information should be age-appropriate and should not dwell on blaming one parent....

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Use caution when posting online during divorce

We have reached the point where folks share what they ate for dinner,  where they went with friends and major triumphs and trials. It certainly enables us all to feel more connected, but this can work against those getting a divorce. It is often best to exercise discretion when posting online. One reason for doing this is that many may wish to keep their private lives private. It is also important to remember that one’s digital footprint will be scrutinized by the opposing party and even the court during the information for the discovery phase of the filing. Looking for clues online...

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Domestic violence cause for concern amid quarantine

The silver lining amid this quarantine is that it is an opportunity for families to spend time together. However, there has been concern by some that the quarantine could lead to an uptick in domestic violence in homes that are not safe for family members and even children. This is born out by data elsewhere in the world: France has seen a 30% increase in reports of domestic violence. Here in the United States, New York, Washington, DC, and San Francisco have also seen a rise in reports of domestic violence. Moreover, Twitter founder and CEO Jack Dorsey and pop singer Rihanna have donated...

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Coparenting a challenge during a pandemic

Kentucky families with divorced parents face a variety of challenges. In the past, it usually revolved around parents managing the family schedule of pick-ups and drop-offs as well as maintaining clear avenues of communication with an ex-spouse. It has gotten considerably more complicated and stressful in light of the COVID-19 pandemic. The needs of each family are different, as are the demands of their jobs. Suddenly, it may not make sense that the children live with a medical professional or other employees who must still report for a public-facing duty. Many parents have worked out...

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