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Elizabethtown, Kentucky, Law Blog

Am I eligible for an uncontested divorce in Kentucky?

There are two main types of divorce: contested and uncontested. Going through an uncontested divorce can save both spouses time and money, and this is why it is becoming an increasingly popular choice for many going through a divorce.

However, not everyone is eligible for an uncontested divorce. Therefore, you should take the time to understand the key aspects of an uncontested divorce and learn about whether you will likely be eligible.

How equitable distribution works in Kentucky

When going through a divorce, one of the most important issues that you have to deal with is the division of your marital assets. The way that marital assets are divided can profoundly affect the way that you are able to live your life after the divorce. Asset division at divorce is subject to state law, with states either recognizing community property or dividing assets equitably.

Kentucky is an equitable distribution state. This means that you cannot guarantee that marital assets will be divided equally at divorce. Instead, the courts will take into account several factors to decide on the fairest way to distribute both assets and debts,

How do I balance my career with parenting time?

Many parents devote themselves to their careers and their children equally. Though they always strive to put their children first, they may have high aspirations for their work life, and that is not a bad thing. It can be difficult to balance though, especially when they aren't married to their children's other parent.

If this sounds like your life, you probably know all too well how tough it can be to manage both childcare and work while coordinating with another person who may even have his or her own work life. Sharing custody of children can be difficult even when you aren't devoting yourself to a career outside the home. Fortunately, experts say that there are several ways for parents to manage both their jobs and their parenting time.

How can I manage my emotions in a child custody case?

Dealing with the uncertainty of a child custody case can be a very stressful and emotional time. You may find that you spend a significant amount of time thinking about the worst-case scenario and that you experience distress when imagining what it would feel like to lose custody of your child.

While the negative emotions surrounding child custody cases are understandable, they can be pervasive enough to affect the way that you live your life, and they will almost certainly not be helpful when it comes to getting the outcome that you want. The following are some ways that you can effectively manage your emotions when fighting for custody of your child.

Signs that your divorcing spouse is toxic

A divorce can be heart-wrenching, stressful and guilt-ridden even when your partner is a collaborative and reasonable person. If you are dealing with a divorcing spouse who is determined to make life as difficult as possible for you, the journey to divorce will likely be a difficult road.

While you can't change your ex, you can find ways to navigate the situation by understanding their traits. The following are some of the most common traits of toxic partners.

Sentimental property could put you at a disadvantage in a divorce

Most people have certain items that they hold an emotional attachment to. This could be a piece of furniture that you received as a wedding gift or jewelry that you bought to celebrate a key moment in your life. These items may not have a high market value, but to you, they are priceless.

When you are going through a divorce in Kentucky, all assets that are considered to be marital will need to be divided. All marital assets will be divided in a way that is seen as equitable by the courts. To get the best financial outcome from a divorce, it is paramount that you view the situation objectively. However, the fact that you want to hold onto certain sentimental assets may put you at a disadvantage because your spouse may use them to manipulate you and try to claim them for themselves or have them overvalued. The following are some ways you can prevent sentimental property from putting you at a disadvantage.

Joint child custody helps dads stay involved

It is important to be an active and involved parent, especially when going through a divorce. Your continued presence is in your child's best interests. However, as a father, you are probably worried about how involved you will actually be. People generally assume that mothers always have primary custody, leaving fathers with a few weekends a month. The rise in joint child custody can dispel that misconception.

It is true that Kentucky family law courts used to prioritize mothers over fathers. Historically, women really were more likely to secure sole custody of their children. Few people understood the meaningful roles dads play in their children's lives.

Understanding legal and physical custody

Child custody often becomes an issue when two parents go through a divorce or otherwise separate. Custody can either be joint or shared, meaning that both parents share responsibilities for the upbringing of their child, or sole custody, meaning that only one parent has the legal responsibility for the child. In cases of sole custody, the noncustodial parent may be able to gain visitation rights.

However, custody is a broad term, and there are specific types of custody that should also be taken into account, namely legal custody and physical custody. It's possible for a parent to have sole physical custody but to share legal custody with the other parent, for example. If you are embarking on the child custody process, you should make sure that you know how these terms could apply to your situation.

How can I prepare for complex asset division?

The financial aspects of divorce can be complex for many divorcing spouses. If you are considering filing for divorce, you may be hesitant to do so purely because you are worried about struggling financially in the years to come.

This is why it is so important to keep yourself informed regarding all aspects of a divorce. You should pay particular attention to the specific laws in your state, as they dictate many important factors in divorce proceedings. In Kentucky, equitable distribution is followed when it comes to asset division, which means that many factors will be taken into account when deciding on a fair distribution of assets. The following are some things you should do to prepare for complex asset division.

How is marital property defined in Kentucky?

When going through a divorce, it is important to have a good understanding of how assets are divided in your state. This is because there are differences regarding how assets are divided depending on the state of your residence. In Kentucky, community property is not recognized. This means that the legal theory of equitable distribution is used to determine how marital assets are divided in divorce.

When a state follows the theory of equitable distribution, it follows common law when defining marital assets. This is significant because only property that is defined as a marital asset will be subject to division.