Get A Free Consultation Local: 270-872-0911
Toll Free: 800-482-1391

Dowan Law OfficesDivorce And Criminal Law Attorneys

We Are Experienced Divorce And Criminal Law Attorneys

Providing more than just legal advice, our team offers practical solutions because we understand what it means to be part of a family.

Elizabethtown, Kentucky, Law Blog

Temporary child support modifications

Many parents who carry a child support order want to provide everything their child needs, but sometimes circumstances align that make it difficult pay all of your obligations. Often, parents who face this dilemma worry that they cannot change their child support order, but in many cases it is possible to get a court to change a child support order to something more manageable, either permanently or temporarily.

Permanent modifications can occur if a court believes that the parent who requests the modification properly justifies the change. A court may approve a modification for a parent who falls on hard times, whether this is the loss of a job or a sudden increase in expenses, like a significant medical expense.

Legal separations offer a divorce alternative

In some cases, a married couple experiencing relationship trouble may not be ready to pull the trigger on a complete divorce, but one or both spouses may feel that something needs to change and the strength of the court is necessary to help that change. While it is far less common than traditional divorce, couples can also petition the court for a legal separation.

Legal separation is very similar to divorce, but the couple still remains legally married. Apart from this distinction, divorce and legal separation are fairly similar. Under a legal separation, the court can rule on matters like dividing up martial assets and liabilities or child custody agreements and spousal or child support.

Can another state's court change my custody order?

When two parents split up and one moves out of state, a custody agreement may face serious difficulty. Many parents worry that since different states maintain different laws about divorce and child custody, it may be possible for a parent without primary or sole custody to relocate to another state and then compel a judge to issue him or her an order to modify the custody agreement. This a very reasonable fear, but thankfully, the law has already provided a solution for it.

Except for Massachusetts, every state in the union abides by an interstate agreement called the Uniform Child Custody Jurisdiction and Enforcement Act. While there are some exceptions, this law generally places the authority to make and maintain custody agreements in the hands of the child's home state.

Is your paycheck at risk?

If you're one of many Kentucky parents whose marriages went sour and ended in divorce, you're definitely not alone. Like most parents in this and all other states, you want what's best for your kids, and you may have worried about their overall well-beings regarding how they would take the news of your divorce and whether they'd be able to successfully adapt to new lifestyles. Thankfully, there are support networks available to help families like yours as the divorce process takes place and a new future unfolds.

There are probably several issues that created challenges for you as you forged a path to a post-divorce life. If your situation is similar to many others who have trod such paths in the past, a main topic of concern was likely child support. This is often a hot-button topic that evokes strong emotions on both sides.

How can I keep a pet in a divorce?

If you and your spouse have decided its time to draw up papers and move forward with your divorce, reaching fair agreements about property division can be one of the most difficult aspects of the process. Even more difficult than determining who keeps the car and who gets the record collection is who legally has the right to keep a family pet. For many divorcing couples, a pet is much more like a family member than a piece of property, and this can lead to spouses entering into a sort of custody negotiation over an animal companion.

This conflict is entirely understandable, but the law tends to view pets through a different sense than pet owners do. In the eyes of the law, a pet is not a person, and therefore the cat is essentially as much a piece of property as the family car. While this may seem harsh, it is simply the way that the law looks at the matter. If you want to increase the chances of a fair resolution to your dilemma as a loving pet owner, it is wise to understand the way that a judge is likely to see the issue.

Kentucky business launches alcohol delivery service

A Kentucky liquor store is debuting an inventive service that could change the state's alcohol industry — and hopefully cut down on drunk driving. The service offers customers the opportunity to use their phones to place an order from the store's catalogue, which will show up at their location for an additional $5 delivery fee.

Proponents of the plan believe that it may keep some people from making unwise choices after going out to drink in public. While that is theoretically possible, the service would have to catch on well outside of the major cities where it is launching, but the idea does have merit.

Should I try to keep the house in my divorce?

Divorce can make it very difficult to see the forest for the trees, both emotionally and practically. Often, emotional attachments to certain pieces of property can compromise a person's ability to make wise decisions based on all the available information. This is often exceptionally true when it comes to keeping or selling a family home.

In many cases, the family home is the most significant asset in a divorce, but it is also a very complex asset that carries very serious risk. Before you give up a number of other assets in the divorce negotiation in order to keep your family home, consider all sides of the issue.

Cohabitation agreements versus prenuptial agreements

If you and your partner live together before or instead of getting married, it is wise to consider creating a cohabitation agreement that outlines who gets what pieces of property and how you'll divide commingled funds if you split up. Unfortunately, many people confuse cohabitation agreements with prenuptial agreements, which is a risky mistake to make.

A cohabitation agreement only applies to couples who are not married. In the event that you and your partner choose to get married, the marriage will nullify the cohabitation agreement entirely. If you want some aspects of the agreement to transfer into your marriage (and you probably do), then it is necessary to create an entirely separate prenuptial agreement. However, cohabitation agreements do have a greater degree of flexibility in that you may create it at any time before or after moving in together.

Woman saved from intoxicated driving during flood

The recent flooding in Elizabethtown almost claimed a number of victims, including a mother and her young daughter, after their vehicle was swept away while she tried to cross a flooded area. Fortunately, some members of the community saw the incident and called police, who were able to rescue the family. However, when firefighters arrived they noticed signs that the woman was intoxicated, further complicating the situation.

According to the authorities, the mother is now facing DUI charges and possibly endangerment charges as well. While this seems understandable on the surface, it warrants careful consideration. Much is still not known about why the mother chose to drive in her condition, and it unfair to assume that she was doing so recklessly.

Do you qualify for alimony payments under Kentucky law?

During your marriage, you probably became used to a certain level of financial comfort. You and your spouse probably shared resources if you both worked even though one of you made more money. You may have opted to stay home with the children, so your household relied solely on your spouse's income. Either of these circumstances worked during the marriage, but now that you face a divorce, you wonder how you will support yourself.

If the divorce puts you at an economic disadvantage, you may be able to obtain alimony from your spouse. These payments could help you maintain a certain standard of living as you move into the future on your own. In the alternative, you may only need alimony long enough to gain marketable skills that allow you to support yourself. Either way, you and your soon-to-be former spouse can either negotiate an amount or let the court determine one.