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Elizabethtown, Kentucky, Law Blog

Are you clumsy? Be careful, as it might land you in jail!

Not everyone in Kentucky has mad balancing skills. In fact, you may count yourself among those who can barely stand on one foot for longer than 10 seconds without feeling the need to grab hold of something (or someone) to keep from toppling over. Some people are simply more skilled than others are when it comes to tests of balance and agility.

That's not necessarily a problem, unless of course, you happen to be facing a police officer who has just pulled you over on suspicion of drunk driving. In such circumstances, your ability to balance on one leg or walk a straight line might mean the difference between going home that night or going to jail. There are several things you should know about field sobriety tests, especially regarding your rights and how to protect them.

How to update your prenuptial agreement after marriage

A prenuptial agreement is one of the most important legal documents you can create to protect yourself in Kentucky. This document protects you and your assets when you enter into a marriage. It can be difficult to discuss your desire for a prenuptial agreement with your future spouse, but it is an important conversation to have. It is also important that you update the agreement after getting married.

You first must determine which section of the prenuptial agreement you want to edit. Depending on the extent of the changes, you should make a decision regarding the agreement. Can you edit the agreement, or do you need to terminate it? If you need to terminate it you will need to create a postnuptial agreement to replace it.

Things that could go wrong during an uncontested divorce

If you are headed for divorce in Kentucky, there are plenty of things you need to focus on as you prepare to meet with your spouse. You should never walk into a meeting with your spouse and their attorney unprepared. You need to know what it is exactly that you want out of the divorce. Let's take a look at the things that could go wrong during an uncontested divorce, which is one where both parties can mutually agree on the most important issues.

If you hastily agree to the terms of an uncontested divorce, you could wind up missing out on some benefits, including spousal support and some of the property or assets you had in the marriage.

Do I qualify as the primary caretaker of my children?

When the custody of a child is called into question by two divorcing parents, the courts will usually favor the parent who is deemed to be the "primary caretaker" of the children. If the family has one working spouse and one homemaker spouse who stays home and takes care of the kids, determining who is the primary caretaker is a straightforward process. However, most modern families have two working spouses so the process of identifying the primary caretaker might not be that clear cut.

If you want to establish yourself as the primary caretaker of your children, or at least establish yourself as sharing in the caretaker responsibilities, you'll want to provide evidence that you engaged in the following types of activities on behalf of your children:

  • Dressing, bathing and grooming
  • Planning meals and preparing meals
  • Buying clothes and washing laundry
  • Taking care of the children's health needs
  • Making trips to the doctor and dentist with the kids
  • Helping with extracurricular activities
  • Teaching the children writing, reading, math and helping them do homework
  • Attending parent-teacher conferences and open house events
  • Enjoying leisure activities with your children
  • Reading your children bedtime stories
  • Driving your kids to and from school, to sporting events and other activities

Disclosing your assets and liabilities key to a prenup

As you thoroughly put together the plans for your wedding, you need to be thinking about a little legal document that can protect both you and your spouse. That document is the prenuptial agreement. It can be difficult to broach this subject with your future spouse but you really need to protect yourself. Let's take a look at what you need to disclose in order for the prenup to be valid.

As you sit down to create a prenuptial agreement with your future spouse, you will need to have any and all information related to your assets and liabilities on hand. This information must be presented as part of the agreement on a financial disclosure statement. If you leave anything out or lie, the agreement can be declared invalid.

Tips for dividing the most difficult assets of a marriage

When the topic of divorce comes up in your marriage you will either be ready for it or completely taken by surprise. Whatever your situation, you need to begin to prepare for what's to come. This includes dividing the marital property. Here are some tips for dividing the most difficult assets of a marriage so you know what to expect.

The best way to make the division of property easiest for all involved is to mount a good defense. It all begins with the signing of a single document, the prenuptial or postnuptial agreement. Either one of these documents will clearly state who owns what piece of property or asset should your marriage end in divorce.

Six issues that often lead to divorce in Kentucky

Many married couples go through periods in their relationships when tension is high, communication is poor and stress levels are through the roof. Sound familiar? If so, you are definitely not alone in your struggle. Life is a journey and marriage can be both rewarding and challenging at the same time.

There are problems you can resolve, but some issues seem to break that final straw -- situations from which you feel your marriage will not recover. Issues that cause divorce can seem minor at first, perhaps compounding over time or an acute situation might arise that causes immediate crisis and severe relationship breakdown. Divorce need not ruin your life, however, especially if you have a strong support system in place.

Make realistic schedules for spending time with children

Child custody agreements are important documents in thousands of relationships across Kentucky. Once an agreement is in place, it is time to come up with a schedule that not only fits your life, but also your children's lives. It also needs to be as realistic as possible. Here are some tips for you to follow when creating the schedule.

Your children have to come first when making this schedule. You need to consider their school schedule, after school activities, relationships with friends, doctor appointments and much more. You also cannot make a schedule simply to get back at your former spouse.

Student loan a driving force behind some divorces

A new report has been released that shows student debt as a driving force behind some divorces in the United States. We all know how big of a role debt plays into the health of a relationship. Well, now researchers are pinpointing one specific type of debt that has been known to be a cause for divorce and that debt is student loan debt.

The amount of student loan debt in the country has hit $1.5 trillion, which is a record. No matter the amount of debt you have to your name, it can have a negative impact on your relationship. It can also be smothering, especially if you feel as though you are not making any progress on repaying that debt.

Tips for dividing common assets in a divorce

Once you or your spouse has filed for divorce, it's time for both of you to begin preparing for the discussions to come. You will likely begin thinking about the way the assets you hold will be divided. The most common marital assets include the home, the 401(k), artwork, the car and the furniture in the home. Let's look at some tips for dividing these assets.

The home can be an easy one to divide. If neither one of you wants to continue to live there, the best thing to do is sell it and divide the proceeds from the sale. Each of you will be able to take that money and do with it what you please.