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March 2018 Archives

The complexity of financial gifts and divorce

Financial gifts can become quite a problem when a couple decides to get divorced in Kentucky. Many people understand what assets can and cannot be divided when filing for divorce. However, many don't understand what happens with financial gifts that have been received by one or both spouses during the life of the marriage.

Is your spouse trying to hide assets that belong to you?

Divorce is seldom easy, even when both spouses agree it's best to go their separate ways. If you're one of many spouses in Kentucky preparing for divorce proceedings at this time, you may have already overcome several challenges as you resolve various issues that arise. Perhaps your main concerns are parenting-related because, like most good parents, you want to shield your children from the negative implications of the situation.

Risks of no-contest divorce

For many couples who want to quickly and simply resolve their marriage, a no-contest divorce is an excellent option. When executed properly, no-contest divorces address the legal issues at hand for both parties and allow spouses to end their marriage simply and quickly. However, no-contest divorce does have some weaknesses that require careful consideration, even for those who believe that they want a civil, responsible divorce process.

Grandparent visitation and a child’s wishes in Kentucky

When parents choose to raise a child separately, the focus is often placed on the best interests of the child, but examined through the lens of the parents' preferences, as they are the ones who usually have the first say in assembling a parenting and custody plan and presenting it to a court for approval. However, parents are not the only ones who may have a vested interest in a custody arrangement and may wish to have input on the process.

Uncontested divorce is not ideal for every couple

When a couple comes to the conclusion that it is best to divorce rather than continue a marriage, they may place a premium on keeping the process civil and responsible. In many cases like this, especially for those with very few assets, it is useful to file for an uncontested divorce rather than litigate every portion of the matter in court. Uncontested divorce is often a welcome relief to couples who fear the divorce process or do not want to stretch the process out unnecessarily.

Can I include child custody in a prenuptial agreement?

A prenuptial agreement can offer excellent protections and detailed guidance, provided the couple who creates it does so with a nuanced understanding of the legal issues at hand. If an agreement includes stipulations surrounding child support or child custody, a court will almost certainly toss out at least the relevant provisions, and possibly the entire agreement, leaving couples with many fewer protections than they expected.