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Kentucky Law Blog

Bullitt County Judge denies couple’s grounds for divorce

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...

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Common symptoms of spouses with anger issues

Feeling anger is a natural emotion from time to time. Everyone should feel this way sometimes, regardless of their medication, workout routine or other stress-busting strategies. Getting mad may be appropriate and often put the body and mind on alert for necessary actions. Unlike getting mad, people with an angry disposition are volatile, difficult and stressful to be around. This behavior can be a severe problem that impacts the person and those around them. It can cause a marriage to fail, friendships to end and cost people their jobs. Signs of an angry person The question is whether the...

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Commingling funds puts business ownership at risk

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...

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Grey divorce involves different financial issues

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:...

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Alcohol and drug abuse can impact custody agreements

The Kentucky courts generally favor joint custody. This is because child development experts agree that it is generally in the children's best interests to have both parents actively involved in raising them. Nevertheless, a parent's history of alcohol or drug abuse is a red flag that can impact the custody agreement, parenting plan or visitation arrangements. The most vital issue here is whether the parent can provide a safe and caring environment. Concern over child safety can prompt the other parent to take action, asking the parent to prove or disprove an addiction through testing. This...

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Facts about a Kentucky divorce based on irretrievable breakdown

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...

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For suspicious spouses, spying has never been easier

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...

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Do mothers get child custody more than fathers?

Divorce is difficult for every person who must go through the process, but it can be particularly heartbreaking for parents who see their children's lives change because of their relationship decisions. In Kentucky, parents can work out child custody agreements together or can seek to have the court intervene and make child custody determinations for them pursuant to their divorces. In either case the best interests of the child guide child custody outcomes. Because the best interests of the child are paramount, it is incorrect to assume that mothers are preferred custodians of their...

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The process of splitting a home during divorce

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...

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What is the difference between marital and separate property?

Marriage is a legal relationship that two Kentucky residents can choose to enter by their own decision. People of all different backgrounds, economic situations, and ages choose to marry for a variety of different reasons. As such, the relationships that exist between married people can look quite different depending on where the partners are in their various stages of life. To this end, some couples get married when neither partner has much money or any property, though others may get married after growing their own assets and wealth independently. The property and assets that a person has...

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