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Kentucky Law Blog

What to know about protective orders

Those faced with the threat or fear of violence may seek legal orders to prevent the accused person from continued contact or to establish distance between the respondent and the person filing the order. Protective orders take several forms and must involve a court petition to seek protection through the use of particular language that restrains the accused's behavior with it comes to interactions, visits, communications or mandated physical boundaries. Types of protective orders When it comes to restraining orders, there are two primary types available for potential petitioners in the state...

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Societal pressures can keep spouses in abusive relationships

Many believe that peer pressure or societal expectations are most oppressive during the teen years. This may be true for some, but expectations continue well into adulthood. It can come from their family, faith, or society, leaving people to feel isolated, ashamed, or resigned. This pressure can be particularly burdensome for those contemplating divorce, even if the relationship is abusive. Good intentions can lead to bad results Outside voices of a counselor, friend or minister may be well-intended, but they may not understand and dismiss the dangers of physical or emotional abuse. In doing...

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Determining who gets the pet?

Folks here in Kentucky have always had a strong attachment to their animals, whether horses or other farm animals, a hunting dog, or a house cat. Nevertheless, animals seem to be an increasingly important part of a couple's divorce agreement. This may be due to the animal's market value or an emotional attachment. They are legal property Many treat their indoor animals as part of the family, but the law still considers them personal property to be divided up like table lamps or other pieces of property. It can make the courts wary of custody arrangements for Fluffy, but judges have become...

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Dividing (and paying) debt is also a part of a divorce

Many marriages end due to disagreements or stress over money. Perhaps one spouse wants to live modestly while saving for retirement, while the other is comfortable living paycheck to paycheck or even amassing sizable amounts of credit card debt. This difference can make divorces even more complicated, but the smart move is to pay off all or most of the debt before beginning divorce proceedings. Protecting one’s finances The fiscally responsible spouse can go further by preventing the spending spouse from putting them back in debt. Here are some straightforward ideas for protecting finances...

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Can a divorced parent move out of state with the children?

Relocation is a very delicate subject for divorced parents. In an ideal world, the parents live near each other and the child or children move effortlessly back and forth between the residences. However, the reality can be quite different. A custodial parent may want or need to move and take the child with them. The courts generally believe that it is in the child's best interests for both parents to be active in their child's life. The parent wishing or needing to relocate will need a judge's permission. Those who move without the court's consent can face severe consequences. What does the...

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Children’s perception of divorce varies by age

Every parent going through divorce worries about how the split will impact the children. Except for the very young, children hearing the news of the divorce will naturally feel sad, anxious or angry. They may have a hard time understanding how their lives will change. Every child is different, and some are more emotionally mature than others. Nonetheless, family experts say that age group has common traits that point to how much children comprehend divorce and the new family structure. Armed with this knowledge, parents can better help the children through this time of transition. Birth to...

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What if the marriage was not a long one?

The pandemic has impacted every marriage in one way or another. While living, working and raising children under one roof may have prompted some families to grow closer, it pushed others further apart. The specifics of each relationship are unique, but researchers found that couples who have been married for a shorter period are among the most likely to call it quits. This likely leads to some unique factors. Support will be minimal Those leaving a relatively new marriage will likely get less spousal support (traditionally known as alimony). Substantial support generally involves longer...

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Is January really “divorce month”?

January is the start of the new year and new resolutions. For some, this means going to the gym more often or losing weight. Perhaps there are professional goals to work toward or major projects around the home that have waited long enough. January is also known as a month when couples get divorced. This is not entirely true – even simple divorces take longer than 30 days to negotiate, file paperwork and make other necessary arrangements. Nonetheless, there are specific reasons why there is a surge in the number of people who reach out to a family law attorney after the first of the year....

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What if a spouse makes false claims during the divorce?

It is not uncommon for a couple's marriage to wither as the focus turns to raising the family or their job. This can lead to collaborative divorces where their working relationship is still healthy even if the romance is gone. Then there are ones where the marriage breaks apart amid strong feelings of anger, frustration and bitterness. These feelings and other issues can lead a soon-to-be-ex to exaggerate and outright false statements about what was done or said. Perhaps they did it to justify their feelings, or they might see it as a way to get the upper hand during divorce negotiations....

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Tips for making mediation work

Divorce mediation often offers many benefits to couples planning to divorce. There are different formats, but it is generally a collaborative approach where you and your spouse work collaboratively to find solutions for parenting time, division of assets and other areas of dispute. The proactive problem-solving approach is also well suited if you plan to actively coparent. Moreover, the process is typically faster and less expensive than court. 4 strategies for making it work This all sounds great, but compromise and working together can be difficult, so here are some strategies for making...

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