Louisville KY Family Law Blog

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.

How is car insurance separated in divorce?

Ending a marriage is painful, regardless of how amicable it is. While dealing with child-related issues and property division, which are typically the primary issues in a divorce, it is not unusual for some Kentucky couples to forget about separating vehicle insurance. When both spouses are listed as the insured individuals of the policy, they need to change that. However, there are rules with which to comply.

Removing one spouse's name from the car insurance can only be done with the consent of the other spouse and only once he or she has a separate address. This can happen after the divorce is finalized or when the couple is separated. One party will then have to get new insurance on his or her car. If the same insurance provider is the carrier of the house insurance, it might make sense for the other spouse to obtain a new policy.

Hidden assets could impact the asset division process in divorce

There are a lot of things people worry about when filing for divorce. Some common concerns include how to divide the custody of minor children, possession of the family home and the division of assets. When it comes to asset division, the more assets in your marriage, the greater the potential for contention and disagreement about how to fairly divide them between spouses. If you can't agree on your own, then the courts will have to take over and resolve the matter.

Many couples in Kentucky find themselves unable to agree on terms for asset division. As a result, it's quite common for the courts to have to decide how to split up the marital assets of couples divorcing. In order to fairly handle the asset division process, the courts need to have accurate information about the assets and debts of both spouses.

Avoid the perils of property division with proper planning

A significant number of people in Kentucky who have lost a spouse through death or who are divorced, choose to remarry later in life. Invariably, both parties have accumulated assets over the years, and it would only be natural to want to protect those assets. Many of these couples have already been through the property division process after one or more previous marriages, and they will not want their assets landing in the wrong hands.

A new start with a new love is marvelous; however, complicated financial communication and considerations might be required. Discussions could include details about the financial obligations that each party will bring into the marriage, such as child support and alimony that must be paid to former spouses. Disclosure and openness about credit scores and debt obligations can also go a long way to prevent future discontent.

Divorce -- is it better to wait for the children to graduate?

For parents in Kentucky, deciding to end a marriage is as traumatic and challenging as for other couples across the country. It is not unusual for people to endure unhappy marriages because they want to spare the children the trauma of divorce. While this is a process that will be tough for the entire family, the psychological harm caused by prolonged exposure to discontent could be more damaging.

People have various reasons for putting off a divorce, and some are more valid than others are. One spouse may hope to repair and rebuild the marriage to what it once was, while some decide that staying together is financially beneficial. This could involve continued medical insurance coverage for a person with a chronic ailment. Then there is the belief that children of divorced parents develop emotional problems and often fail to adjust to adult life, and it is only natural for parents to want to protect their children from harm.

Divorce can adversely impact retirement funds

Ending a marriage in Kentucky is a challenging process with many issues to consider. It is therefore not unusual for people in the throes of a divorce to forget to think how their retirements will be affected. Even if a person is not close to retirement age, the existing funds in the retirement account may have to be shared between the two spouses, leaving a considerably reduced amount in savings.

Kentucky is an equitable distribution state in which assets must be divided in a way that is fair in the eyes of the court. For this purpose, the court will consider factors such as the length of the marriage, the health of both spouses, their ages, their earning ability, and more. Child support and alimony may also be taken into account. A divorcing spouse will likely have to cope with a single income, which would jeopardize his or her chances of making up the retirement savings lost in the property division process.

Divorce: Prenuptial agreements can serve many different purposes

At the time when a couple in love wants to focus on nothing else, that conversation about a prenuptial agreement is dreaded by most. Kentucky couples may be interested in why six brides said, although they felt apprehensive, they signed prenups and are happy they did. The first bride said all her future husband had to do was to remind her that, regardless of their current happiness and love for each other, each of them had previously gone through a divorce that left them with less than what they would have wanted.

The second bride said she had spent seven years building up a lucrative business and knew that, if she wanted to protect the profits, she would have to sign a marriage agreement. She was relieved when her soon-to-be spouse said he had always assumed they would sign a prenup. Then there was the bride who said that, despite their wishes that their marriage would last forever, they had to be realistic and consider the fact that both their parents were divorced, and the groom's mother had actually been divorced twice.

Communication, Technology and Child Custody

An issue that arises frequently in child custody cases is one of poor communication. Frequently, one or both parties will forego or limit communication, or there will be a great deal of extremely negative, aggressive messages. These messages are presented to court, and all too often, a party will deny or delete those messages.  Negativity can arise over everything from a failure to coordinate calendar issues to passing along school information.

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