March 2012 Archives

Dividing Marital Assets and Divorce - Overlook Nothing

In high-value divorces, people tend to focus on the "big figure" investments.  Home equity, investment accounts, retirement accounts, interests in closely held businesses and valuable collections seldom escape notice; with these items, marital division or restoration as a non-marital asset is as inevitable as the sun rising in the east.

Divorce and the Red Flags of Financial Gaming

In high value divorces, we frequently observe attempts on the part of parties to obfuscate the financial picture of a marriage by hiding or undervaluing assets, colluding with partners or family members in closely held businesses to understate income, or to operate shell companies while shifting the income away from the apparent failing entity.  While Kentucky now mandates the reporting of certain financial basics in every dissolution by court rule, a case with more complexity is going to require a significant level of discovery and analysis that require far more information than the boilerplate forms provide.  A good divorce attorney will be able to craft discovery requests to get to the heart of the financial picture if factors like the following are observed in a marriage:

Letting Mediation Work - Divorce, Negotiation and Courtesy

All too frequently in divorces and post-decree actions, litigants will allow the emotional turmoil which drove them apart initially to affect their later thinking. Many months (and sometimes years) after severe breaks in relationships became insurmountable, parties will get emotional and will resort to needless posturing, vindictiveness and insulting behavior.  Most of the time, this occurs outside the courthouse.  Sadly (and all too often), this misbehavior will surface either during a mediation session or outside of a courtroom.

Child Custody and the Allocation of Shared Parenting Time

In Kentucky, the minimum allocation of shared parenting time in a child custody case is very narrowly defined.  Under our Family Court Rules of Practice and Procedure, the minimum is every other weekend, with an overnight to occur midweek.  Happily, in the Louisville area, we often find an increasing willingness to award more than the minimums, provided that there is a suitable home environment;  further, due to the circumstances of modern life, courts are often willing to make allowances due to the unusual work needs of emergency service personnel, people working in health care and those who find themselves traveling.

Your Family Law Litigation and Your Employment

Any time a family law dispute arises (be it divorce, custody or some post-decree modification), it leads to significant stress that impacts all facets of one's life with relation to wealth, asset management, debt acquisition, routine household tasks and productivity.  This stress can be particularly acute in the area of employment; statistical studies of large-scale employers 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.   

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