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Louisville KY Family Law Blog

The factors that contribute to a lower divorce rate

While many Kentucky readers may believe that at least half of all marriages will end prematurely, recent statistics indicate that this may not be true for every age group. The overall divorce rate seems to be lowering, but this trend does not apply to middle-age and older generations. There are many factors that affect the divorce rate, from college education to life expectancy.

The overall number of divorce filings has continued to decrease over the last few years, and many factors can be credited for this trend. Younger generations tend to marry later than their parents or grandparents before them, many obtaining college degrees and securing steady income before choosing to marry. It is believed that this, in addition to being more selective about their prospective mates, has led to fewer divorces among younger generations.

Talking To Children About Divorce

When dealing with the pain of a separation or divorce, parents sometimes get so mired in their own conflicts that they neglect doing things which are necessary to ease the transition for their children. Children's reactions to family dislocation can involve anxiety, self-blame for the separation or divorce, or poor performance at school. These factors can vary depending on the children's age, circumstances of the divorce and parents' psychological functioning, according to a new repor, published in November 2016 in the journal Pediatrics (as reported in Live Science. While Live Science suggested a somewhat low key set of involvements, our observations differ somewhat and require a more active ordering of priorities and therapies in order to address the natural byproducts of these breakups.

Divorce doesn't have to ruin the holidays

It is the beginning of the holiday season, and many Kentucky families are wondering how they will get through it -- not because of holiday cooking, shopping or decorating, but because this will be the first holiday season after the marriage ended. Whether a couple is still going through the divorce process or finalized their divorce earlier in the year, the holidays will put any agreements between the parties to the test. The holidays can still be a time of joy and celebration with some preparation and cooperation.

If a holiday schedule is already in place, now is the time to bring it out and make sure that everyone understands what is going to happen. If such a schedule has not been created, now is the time to do it. Children need security, and if they are aware of how the holidays will be handled by their parents, it could help with the inevitable adjustments that need to be made.

Holiday Schedules - the Most Wonderful Time of the Year

Parenting time becomes especially fraught with discord at the holidays. Each parent wants to have the children for their extended family's holiday traditions during the earliest phases of litigation, and later, once new relationships are forged, parents want holiday schedules to mesh with those of their new significant other.

Should you consider a postnuptial agreement?

Many couples who marry young do not think about prenuptial agreements, because they do not have many assets. If a divorce occurs years later after accumulating wealth, however, a drawn-out, costly fight can occur.

Many couples in Kentucky are not aware that they can still negotiate an agreement after getting married. You and your spouse can use a "postnuptial agreement" to lay out the terms of property division, alimony payments and even financial conditions for your marriage, just like any other contract.

The relationship between divorce and taxes

In the midst of the emotional and difficult process of ending a marriage, it can be difficult for a Kentucky reader to think about the long-term implications of certain financial decisions. It is easy to become wrapped up in feelings of anger and sadness, but these emotions can lead one to make decisions that are not actually beneficial for the future. When navigating divorce, practicality and future prosperity should be the driving forces behind major decisions, not emotion.

Divorce will certainly have a significant financial impact, but it is also very important to consider how divorce-related payments and receipts could impact taxes. For example, an individual who will pay spousal support can deduct that amount. However, for the person who is receiving these payments, that amount is considered taxable income. Additionally, a divorce will change a person's filing status in the year that a divorce decree was received or legal separation was obtained. 

Dissipation of assets and high asset divorce

When a divorce involves valuable assets and other complicated financial matters, it can quickly become a contentious, difficult process. For a Kentucky couple facing a high asset divorce, it is important to prepare well and be aware of ways that the other party may attempt to undermine one's rightful claim to marital property. One of the most common ways that this occurs is by the dissipation of marital property.

Dissipation of assets occurs when one spouse intentionally wastes or spends money to prevent the other spouse from getting it. This is motivated by greed, anger or the intent to inflict financial harm on the other, possibly lesser-earning, spouse. If a Kentucky reader suspects that this is happening, he or she would be wise to act quickly to stop this from causing more damage.

Divorce and electronic information: What happens to it?

Kentucky readers know that the end of a marriage brings many complicated matters, most of which pertain to property division, child custody and money. In addition to these important things, it is also critical to consider what happens to one's personal information and online privacy in the event of a divorce. A recent high-profile case involving Anthony Weiner, Huma Abedin and an FBI investigation has brought this important issue to national attention.

In many divorces, online data becomes a weapon used by opposing counsel to bolster clients' cases. Anything and everything that has ever been emailed, posted online or messaged can be dug up and used as ammunition in a contentious divorce. Most of the information that could be made public is not incriminating, but it could influence a custody decision, career opportunities or ruin a reputation.

Property division and important divorce-related money issues

As Kentucky readers are well aware, divorce brings with it a myriad of financial complications that must be dealt with appropriately in order to establish a strong post-divorce future. Property division is a matter that can lead to acrimony and disputes, leading to emotionally driven decisions. A final settlement should always be based on what is best long term, not temporary feelings of anger or frustration.

Dividing marital assets is a complicated process that involves all property purchased or earned over the course of a marriage. This includes real estate, vehicles, retirement assets and much more. It is important for a person to approach this issue with a mindset of future stability, seeking an equitable share of both assets and debts in order to establish the foundation for continuity of lifestyle and retirement stability.

When can you seek a modification of your divorce?

When a judge finalizes your divorce decree, you may think that you are at the end of the road. If your circumstances later change, however, Kentucky law allows you to seek a modification of your divorce decree.

Getting a judge to grant a modification, however, is not an easy process. You must prove that there has been a substantial change in circumstances to warrant a change in alimony, child custody, visitation or child support arrangements. The court will not take your request likely.

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