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Louisville KY Family Law Blog

How can an attorney help with the divorce timeline?

Unless an individual has been through a divorce, there can be surprises resulting from the process. For starters, many individuals aren’t familiar with the typical divorce timeline, which is governed by court procedures. Understanding that timeline can help an individual feel more comfortable.

After the petition filing, an individual seeking a divorce should be prepared to address any temporary issues that require a plan before the divorce is finalized. Those issues may include temporary child custody and visitation, support, or even restraining orders to protect against domestic violence.

Can an attorney help you plan a post-divorce financial strategy?

Those going through a divorce should work with their attorney to develop not only a transition plan into post-divorce life, but also long-term steps to financial recovery. 

The good news is that a divorce filing generally does not hurt one’s credit score. After removing one’s name from joint bank accounts, credit cards, mortgages and other loan or credit obligations, an individual should be able to start with new accounts and take sole responsibility for his or her credit score. If only one spouse is going to keep the family house, it may be wise to refinance the mortgage solely in that individual’s name.  

Private School and Post High School Education Expenses

In some jurisdictions in the United States, there are significant battles over the payment of private school tuition for minor children as well as the tuition obligations of children who have achieved the age of majority. Some of those battles are legislative as advocates work to install such a requirement, and in in other jurisdictions, statutes requiring just that are being challenged.

What factors affect property division in a Kentucky divorce?

Divorce should not be viewed as an opportunity to air lingering grudges against your spouse. Indeed, if a couple cannot agree to the terms of a separation agreement, a court will be forced to make the determinations regarding property division. In Kentucky, that means equitable distribution, or what the court determines to be fair. Notably, fairness does not necessarily require a 50-50 split.

Kentucky law also allows for a no-fault divorce filing, typically citing an irretrievable breakdown of the marriage. Accordingly, a spouse’s cheating will not influence a court’s determination of fair property division. However, a court will consider other subjective factors in determining equitable distribution. 

Can an unfair prenuptial agreement be invalidated?

A prenuptial agreement focuses primarily on financial issues. For example, the contract may define each spouse's separate assets and clarify existing estate planning instruments. Similarly, individual debts can also be expressly excluded from the marital estate.  

Yet a prenuptial agreement, even if executed, is not necessarily infallible. There are circumstances where a court might determine a prenuptial agreement to be invalid. As in contract law, certain general principles apply. For starters, this type of contract must be in writing and signed by both parties. It should have also been entered into knowingly and by each spouse's free will. If executed under duress or without time for careful reading and review, a court might not uphold the agreement in the event of a divorce. 

Kentucky and Alimony

A major issue which arises in the dissolution of a longterm marriage is that of spousal maintenance, otherwise known as alimony or spousal support. Too many lawyers frequently present it to clients as an "it exists, live with it" proposition, and laymen understand it only as the nebulous concept of alimony. This conclusive and nonexplanatory concept is constantly reinforced in the opinions of both trial and appellate courts, and this misconception is compounded through the earnest efforts of legal scholars in creating  largely incomprehensible articles on the topic.

How to Communicate During Your Family Law Dispute

In family law matters, as relationships collapse, this office all too frequently finds itself undoing damage done by litigants who inadvertently make bad decisions in how they communicate at each step of the process. These decisions tend to be born in a cauldron of vindictiveness, pride or stubbornness, and always lead to negative results. Under Kentucky law, it is very difficult to obtain a mulligan (or "redo", for all non-golfers), so it is very important to attempt good decisionmaking and effective communications from the start.

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.


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. 

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