Louisville KY Family Law Blog

There are ways to lessen the pain of the divorce process

Just as the decision to marry is often filled with emotions and expectations, the end of one can be just as emotional, though usually not in a beneficial way. Instead, the divorce process can be terribly taxing -- both emotionally and mentally. Because divorce is a distinct possibility for many Kentucky residents, it may be helpful to consider some suggestions that may reduce some of the turmoil and discomfort.

One of the first steps one can take is finding the right professionals to assist one throughout the process. Many people may turn to the internet to locate the highest ranked professionals in their geographic location. However, selecting the best fit for one's unique situation may pay off in the long run through personal attention to the needs of a particular individual. It may likewise be helpful to turn to skilled assistance rather than seeking only the input of friends and acquaintances who may not have full knowledge of the legal system.

When can you modify your child or spousal support order?

For many working spouses, the most frustrating aspect of a difficult divorce is the court-ordered support. Whether it's spousal support, also known as alimony, or child support, it can feel like a major financial burden. However, the state of Kentucky takes great pains to ensure that support is as fair as possible to everyone involved.

Support calculations are carefully determined using many considerations. The goal is to create an amount of support that is reasonable for the person paying and adequate to cover the financial needs of the dependent spouse or the minor children from the marriage. Sometimes, due to a change in your life situation, it may become necessary to revisit the terms of your divorce and consider modification of the support requirements ordered by the courts.

Valuation of business important step in property division

Those who have spent years in sweat equity, building a family business, are often left financially devastated in the aftermath of a divorce. One way to help protect a business is to ensure that it is properly evaluated before it comes time for a judge to rule on the property division aspect of a dissolution. It is likely that there are many Kentucky business owners who are worried about how an impending divorce will affect their venture going forward.

In order to ensure that a business is properly evaluated for its worth, it is usually necessary to retain the professional assistance of a specialized accountant. This is typically done through the efforts of an experienced divorce attorney who will contact an accountant who holds the required accreditation to offer a professional and thorough assessment of a family business. There is often a tendency for one or the other spouse involved in the divorce to be inclined to either over or undervalue these assets in an effort to either preserve as much as possible from the division of assets or to gain more than one is rightly owed. A professional evaluation can negate these attempts.

New law considers welfare of pets in divorce proceedings

Americans have a love affair with their pets. In many cases they treat them as fur-covered children, and now, in some divorce proceedings, the court will do the same. While there is no new law that will affect Kentucky residents at this time, the matter can create much debate when spouses are seeking a dissolution.

There are many serious concerns that need to be decided when a couple decides that it is in their best interest to seek a divorce. At the top of the list for the majority of parents is resolving child custody and support along with determining how to settle financial affairs. For those who have deep attachments to their pets, the possibility of losing them to the former spouse may be just as emotionally upsetting as losing custody of a child.

Congress passes new alimony tax revision

For approximately the past 75 years, divorced couples knew who would have to foot the bill for certain settlement agreement funds. Recently, though, Congress took the old tax law and reversed the person who now is expected to pay taxes on any alimony funds. The new law will go into effect in 2019 and may impact some Kentucky residents.

Until the revised tax plan was approved earlier in December, the current laws allowed for the spouse who was ordered to make alimony payments to deduct those payments from his or her tax filings. The spouse who was receiving these monies was required to report it as income and then pay the set percentage of taxes on it. Starting in 2019, that will be reversed, and the paying spouse will now also have to pay the taxes on that money.

When divorce involves contentious child custody issues

A case that remains ongoing in another state is a prime example of things that can go wrong when parents are battling for who should remain the primary parent of their children in court. Many divorce situations in Kentucky include acrimonious disputes regarding parenting plans. The woman in this particular case was brought up on criminal charges after she took her infant son out of the United States without first obtaining the court's permission.

The woman traveled abroad with her infant son in 2013 and did not return to the United States until last year. She recently gave a tearful explanation for her behavior to a judge, saying she did what she did to protect her son even though she knew it was wrong when she did it. The judge sentenced the woman to four years probation when she pleaded no contest to the charges.

A prenup could protect you from a difficult divorce

Although prenuptial agreements were not very common a few decades ago, they are used by a much wider cross-section of people these days. No longer just for celebrities or superstar athletes, the modern prenuptial agreement helps couples plan for the worst before committing to one another. For many couples considering getting married, especially those who already have substantial assets or good careers, prenuptial agreements offer legal protection from the chaos of divorce.

There are certain steps you have to take to ensure your prenuptial agreement will withstand any legal challenges. A valid prenuptial agreement in Kentucky should be in writing. Both spouses to-be should sign it, and, ideally, there are several witnesses present as well. Neither spouse should feel forced or coerced to sign the prenuptial agreement. So long as you both enter the agreement willingly, the courts will most likely uphold the agreement in the event of a divorce.

Support available for those facing divorce problems in Kentucky

When you first got married, you likely never imagined that you'd one day go to court to end it. Many Kentucky residents likely relate to that situation. Although the reasons for wanting to end a marriage may differ from person to another, those whose marriages do result in divorce typically confront many similar issues.

A key factor in keeping divorce stress to a minimum often lies in the type of guidance and support you seek before heading to court. If you also happen to be a parent, there may be additional challenges beyond those typically associated with the divorce process due to problems that may arise concerning child custody, visitation and/or child support issues. As a good parent, you want to keep your children's best interests in mind and also want to make sure everyone else involved in the court process does as well.

Woman who practices Islamic faith facing major divorce problems

There are many people in Kentucky currently trying to resolve child-related issues with their former spouses. Divorce is seldom stress-free and custody problems have a way of flaring tempers and prompting contentious courtroom battles. A woman in another state who is a naturalized U.S. citizen says her former spouse's extremist Muslim ideas are a detriment to her son.

An attorney representing the boy's father says the accusations against him are completely false, made as an act of retaliation. The child's mother, however, says her son is very different every time he comes home after visiting his father. She suspects the negative changes she witnesses are due to indoctrination of radical Islamic ideologies.

What are valid reasons for seeking alimony modification?

When a person in Kentucky seeks a modification to court-ordered spousal support, there must be significant changes to one's circumstances to justify such a petition. While the court sometimes orders temporary changes in cases of job loss or illness that causes severe hardship, permanent modifications can be sought. Modifications to alimony can be requested by either the paying or the receiving party.

The paying spouse may seek the termination or decrease in alimony if the receiving spouse remarries or cohabitates with an intimate partner. Such a petition may also be filed if the receiving ex-spouse has a significant increase in income, such as a high paying job. If the payor becomes physically or mentally disabled, the court may modify the spousal support order to a lesser amount.

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