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Louisville KY Family Law Blog

Prenuptial Agreements: An honest discussion

"The best is yet to come," sings Frank Sinatra. And no truer sentiment surrounded a marriage: the anticipation, hope and excitement surrounding a newly wedded couple is palpable. Everyone plans for the best. But is there any harm in planning for the worst?

You don't walk down the aisle thinking about the day that you'll say, "I don't." But the fact is that approximately half of all marriages end in divorce and Kentucky, in particular, leads with one of the highest divorce rates in the country. Does it make sense to plan your property division before you have even planned your wedding?

Divorce as a Consequence of Life

In the movies, the prevailing story arc bends toward successful resolution of conflict, usually between "diamonds in the rough".  Epiphanies occur, differences get patched, circumstances are dealt with and everyone goes on to live in some configuration of happily ever after, full of love and mutual respect.

Your Divorce, Your Taxes

Divorce always raises issues of the treatment of taxes. In most cases, one spouse will have assumed the responsibility for preparation of household financial documents and continues on with the chore out of habit, but sadly, with the shattering of the trust that comes about from the end of a marriage there also comes a reluctance to cooperate.

HOLIDAY SCHEDULES AND PARENTING TIME

It is that time of year again - for anyone interested in making different holiday arrangements with regard to parenting time, matters must be hashed out or docketed now. It helps to have an experienced family lawyer assist you with these tasks. 

Your Family Law Dispute and Your Job

Whenever family law disputes are occurring (be they divorce, custody or some post-decree modification), there is significant stress that impacts all facets of a litigant's life with relation to job performance, debt, money management, routine household tasks and productivity.  With employment, statistical studies of large-scale employers usually reflect 50-75% drops in productivity by the worker in such an action, as well as a "ripple effect" among the co-workers and line managers who struggle to adjust and cover for the productivity loss.

Knowing How To Parent After Divorce

In matters of child custody and parenting time in divorces, Kentucky legislators and judges have a lot to say. There are statutes and  judicial opinions addressing myriad issues of jurisdiction, of best interests, of factors to be used to determine what happens in modifications and what happens when someone relocates and leaves the immediate area in pursuit of new employment, new relationships or a plain fresh start. Sadly, in all of this material, there is very little said with regard to how to act as a parent.

Child Custody and the Allocation of Parenting Time

In Kentucky, the minimum allocation of shared parenting time in a child custody case is done on a case by case basis, with the court always looking toward the best interests of the child. Under our Family Court Rules of Practice and Procedure, the minimum recommendation is every other weekend, with an overnight to occur midweek; however, given the time demands of the modern economy, working shifts do not necessarily follow patterns that work seamlessly with this type of schedule. Happily, in the Louisville area, we often find an increasing willingness to award more than the minimums and to work "outside the box" of traditional day shift schedules (provided that there is a suitable home environment).  In order to see to it that children get significant interaction with both parents, courts are obligated to make allowances to accomodate the work needs of emergency service personnel, people working in health care and those who find themselves traveling in the course of their employment; this has now been extended to the current mix of flexible scheduling.

Child Custody and Summer Visitation/Parenting Time

For people subject to child custody orders, another summer holiday is very nearly upon us, bringing about the all too frequent disputes about holiday and summer parenting time. Over our years of practice, we've seen this time of year create needless lost time and stress, with concomitant expense and ill-will.

Divorce Finances and Big Mistakes

In many cases of divorce, when both people emerge from the process, they feel as though they've been through an emotional and financial wringer. Often the results appear only after a stretch of time. Here are five resolution pitfalls to consider.

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