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Elizabethtown, Kentucky, Law Blog

Commons mistakes people make in a custody situation

If you are currently in a custody arrangement or are about to enter into one, you need to know of the common mistakes others make so you can do everything possible to make sure you don't make the same mistakes. Custody issues crop up all the time. It's how you handle them and if you follow the court order that matters in the end.

One of the biggest mistakes made by parents involved in a custody arrangement is when they put the child in the middle of everything. Your child should never be used as a go-between, to ask questions of the other parent, to go on a fact-finding mission or to relay information between parents.

Why getting a divorce is better than staying in a bad marriage

Has your marriage soured to the point where you have contemplated filing for divorce? If so, you likely continue to weigh the positives of divorce against the negatives of staying married. Maybe you have children with your spouse. Maybe you are simply too comfortable and are worried about being single again. Let's look at some reasons why getting a divorce is often better than staying in a bad marriage.

Unhappily married parents have a negative impact on their children. Many people stay together for their kids and then get divorced once they are off to college or married themselves. However, children pick up on the strained relationship. It can cause them considerable anxiety and stress.

Building smart communication methods for custody situations

Living in a co-parenting situation does not come easy for most people. Why? You either divorced the other parent, never got married or simply do not get along whatsoever. Then, there are co-parents who have a good relationship but simply never felt the need to marry or didn't mesh well as a couple that lived together. Either way, co-parents need to build smart communication methods in order to succeed and keep their children happy.

Never fight in front of the children. Not even about what time they go to bed. Even the tiniest of arguments can impress upon a child. Fighting, if you must, should be left to when they are asleep or when they are at school, camp or out with friends or other family members.

Never lie when disclosing assets during divorce

When you or your spouse files for divorce it is a change in your life as you know it. Going back to being single, with one source of income, can be a major change to adjust to in Kentucky. When you go through the divorce process you will be asked to disclose your assets. You should never lie about any of your assets, or try to hide them, as you could be hit with serious consequences.

Signing the financial affidavit means you swear, under oath, that all the information on it is truthful. This is a legal document. This is a legal statement. You can be held in contempt of court if it is discovered that you lied on the document or did not list all of your assets on the document.

Planning a summer vacation around a custody agreement

The summer season has arrived in Kentucky, which means plenty of barbecues, trips to the pool and vacations. But what if you are involved in a child custody agreement with the other parent of your children? How can you plan a summer vacation if you need to follow the rules set forth in the child custody agreement? This can be a difficult situation if you are not on speaking terms with the other parent.

If you are planning to take what is known as an unspecified vacation, or not scheduled well in advance, you will need to let the other parent know 30 days prior to said trip. This might be difficult if you come up with a last-minute idea, but it's still worth talking to the other parent to see if it is something that can be done.

How your divorce choices can impact your children later in life

Divorce is a difficult time of transition for every member of the family. In many cases, this process is most traumatic for the youngest members of the family. While children are resilient and can overcome a significant amount of hardship, Kentucky parents do not want to underestimate how their choices during a divorce can impact their children well into the future.

A recent study looked the marriages of adults who, while they were children, watched their parents divorce. The results may be disheartening. It appears that children of divorce are more likely to get divorced themselves in the future. However, there are certain steps you can take to reduce the emotional and mental strain of this situation and set them up for long-term success.

How to protect your pension during a divorce

If you are preparing to file for a divorce in Kentucky, and you earn a pension, you need to know how to protect your pension if at all possible. Most pensions cannot be touched until the recipient has retired, which means if you withdraw money prior to retirement, you will be penalized. But what happens if you get divorced prior to reaching retirement? What happens to the pension?

For the most part, both spouses will be required to complete a Qualified Domestic Relations Order (QDRO) when going through a divorce with a pension. The QDRO makes it possible to transfer a share of the pension's benefits to an account for each spouse. This makes it possible that taxes and penalties are only paid on each individual's share of the pension.

Tips for choosing a neutral custody swap location

When the time comes to create a custody agreement with the other parent of your children, it's important to find out the available locations for the exchange of custody in your area. A neutral location can make everyone involved, especially the children, feel comfortable despite having to share time with each parent. Here are some tips for choosing a neutral location.

The first place you should check when trying to find a neutral location for child custody exchange is the local police station. Many police stations designate themselves as drop-off locations for custody exchanges. If your local police station serves as such, be sure to agree on this location with the other parent before seeking out anywhere else.

Common reasons why people file for divorce

Divorce is a word that most people never want to hear come from the mouth of their spouse. Sometimes, it is inevitable. Marriages aren't always meant to last. Problems will arise that can affect your marriage to the point where it cannot be repaired. Let's look at the common reasons why people file for divorce.

Some of the most common reasons for couples to file for divorce include the following:

  • A lack of commitment to each other or the marriage
  • Infidelity by one or both spouses
  • Constant arguing or conflict within the relationship

Why you should sell the marital home prior to a divorce

Owning a home while going through a divorce can be detrimental to your situation, especially your taxes. Many couples will keep the marital home even after the divorce has been finalized, with one of the spouses living in it with the children. Others will sell the home after the divorce. It's even better for you to sell the marital home prior to the divorce, and we explain why in this post.

The timing of the potential sale means a lot. If the market is hot well before you have filed for divorce, but the two of you agreed that it is time to file for divorce, it might be best to sell the home prior to the divorce being finalized. Take advantage of the market if you know where your marriage is headed.