Kentucky Law Blog

Property division during divorce in Kentucky

There are few events more difficult in life than divorce, and it is important to understand the financial implications as well. While property division will depend on the state in which the couple resides, there are a few basic laws to be aware of before beginning such a proceeding in Kentucky. Kentucky is a “no fault” state, meaning that no proof of wrongdoing is necessary to claim that the marriage is irretrievably broken. Either spouse must be a resident of Kentucky for at least six months before filing, and also a resident of the county in which they are filing for divorce. The couple...

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The basic of a no-fault Kentucky divorce

Divorces happen each day for more reasons that this post can list. While some Kentucky residents leave their marriages due to the wrongful acts of their partners, others choose to terminate their marriages because they simply do not enjoy being committed to their partners. Individuals do not need specific reasons to get divorced because the state includes no-fault divorce among its laws. A no-fault divorce is not based on bad or unlawful conduct. This post will explore what no-fault divorce means and how individuals can use it to achieve their divorce goals. This post is not provided as...

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How can I leave an abusive spouse?

Domestic abuse, whether of a spouse, an intimate partner, grandparents or children is painful and scarring. In a marriage, it affects not only the abused partner but also the children. Domestic violence can be either or both an act of violence and a threat, and includes sexual, psychological and verbal abuse. Domestic abuse affects 10 million Americans each year, with many cases never being reported. Domestic abuse is often a chronic behavior pattern that over time family members learn to tolerate as normal. Where there are children involved, the trauma can follow into adulthood and create a...

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Steps to take when leaving an abusive spouse

Domestic violence in a marriage affects not only the abused partner but also the children and extended family. Domestic violence is too often a chronic pattern of behavior from the abuser that family members learn to tolerate. Experts estimate that domestic violence affects 10 million Americans each year, and that many more cases go unreported. The abuse can range from physical, psychological, sexual or emotional trauma, to economic hardship. When children witness or are victims of domestic violence, the cycle of abuse can cause lasting emotional scars and carry on into their adult...

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Consider Kentucky Law Before Relocating with the Kids

Since your divorce, you have been working hard, focusing on your career while guiding your children through school. Things have been tough, but you have been happy. In fact, your company just recognized your effort and wants to promote you. There is just one catch — this new opportunity requires you to move out of Kentucky with the kids. For single parents, Kentucky law does not limit where or when you move. If your children’s co-parent is still in the picture, though, the state courts might weigh in. Understanding how a court makes its ruling will help parents make their case and do what is...

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Take care of yourself emotionally during a divorce

Regardless of whether you initiate it, divorce can be a complex emotional and financial transaction that can have serious ramifications for years, perhaps even decades, to come. But there is a path forward. It might not sound possible right now, but there are things you can do to protect yourself, your children, and your future. It all starts with taking care of yourself. Know how to cope with divorce The emotional toll of divorce can send shockwaves across nearly every aspect of your life. As such, you need to know how to cope with divorce in an emotional way that allows you to find...

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How social media posts can compromise divorce negotiations

Divorce is a very personal and intimate process. A couple going through a divorce must navigate decades of financial records, insurance policies, deeds, and estate planning documents. Couples often rehash old grievances while they manage frayed emotions and a stressful legal process. Many spouses reach out to friends and family for support and companionship during this time, and often through social media. Social media can bridge huge distances to help families and friends reconnect and share. Though social media might seem like a safe place to discuss private or emotional matters, its...

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Divorce mediation offers a peaceful way through negotiations

When a spouse files for divorce, they take on several new challenges. Living and interacting as a couple can become strained and full of anxiety as spouses wait for court dates or to hear back from a lawyer. Over the last 20 years, many couples have found that using an alternative dispute resolution (ADR) to negotiate their divorce can help them emotionally manage the dissolution of their marriage and work together. The most popular form of ADR for divorce is mediation. Mediation offers a collaborative way through negotiations on property division, alimony and even child custody. Mediation...

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What will the court consider when determining custody of your child?

Child custody can be one of the most contentious aspects of a divorce. While every parent wants to support their child and do what is best for them, it is also important for parents to know the factors that the court will consider when determining child custody. What factors will the court consider in a child custody case? Generally, the court makes decisions about a child’s living arrangement based on what is in their best interest. However, many different details go into that “best interest,” including: Your child’s relationship with you and their other parent—Does one parent primarily...

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When might you need a prenuptial agreement?

As you approach your wedding, you probably have many details to consider about your life together, from where you will live to what your family will look like. Another detail that you may wish to consider is a prenuptial agreement. When might a prenuptial agreement benefit you? You have different incomes If you earn significantly more than your spouse or will receive stock options during the course of your marriage, the court may give your spouse more in a divorce in order to create a fair division of your savings. A prenuptial agreement, however, allows you to divide your finances, your...

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