April 2016 Archives

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.

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.

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.  

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.

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