Northern Kentucky Family Law Blog

Married couples in Kentucky who are thinking about splitting up should carefully consider what they do before and during the divorce process. Certain actions and decisions can result in very expensive consequences. It's important that separating spouses take care to avoid these mistakes when a divorce is on the horizon.

Not having all of the important financial paperwork on hand can result in monetary decisions being made without all of the necessary information available. Paperwork that details the balances and account numbers for financial accounts should be collected. It will also be necessary to obtain Social Security statements that show earning records and any projected future benefits. Divorcing individuals should also have documents that show how much was paid for significant assets and any major improvements made for the home. The information contained in these documents can be helpful with both the divorce settlement and planning for future taxes and retirement.

For many people in Kentucky, prenuptial agreements seem like a matter for celebrities or ultra-wealthy entrepreneurs. They may not seem relevant to people of average income and wealth, especially when they are just starting out in life. Indeed, many people think of young marriages as those that are least likely to need prenuptial agreements given that neither party has had significant time to accrue serious assets, launch businesses or have existing children from prior relationships. However, some experts advise that students who marry while completing college, university or graduate school may benefit from considering a prenup.

Prenuptial agreements allow people to decide how their assets will be handled in case of divorce or dissolution later down the line. They can also come into play in the case of the death of one partner. While many people think of a prenup as something used to protect a wealthier partner from a less-wealthy spouse's claims, a well-drafted prenup should provide protections for both parties. For example, protections for a partner who stays home to care for the children can be written into the prenup in advance. In addition, the prenup can include time limitations on various provisions that may change as the marriage lasts.

Some Kentucky couples who are ending their marriage will go through what is known as a high-asset divorce. These can be more complex than other divorce cases because of the different types of property involved and the work it takes to calculate the value of the marital estate. There are several ways to make going through the process easier.

Staying focused on restructuring family connections in a healthy way is a good strategy. If possible, it is a good idea to maintain any social or community involvement in the same manner as before the divorce was filed.

Custody after divorce is often a contentious issue for parents in Kentucky and throughout America. In many cases, custody decisions are based on factors like income stability and safe living conditions. It's important to note, however, that custody decisions may change as a child ages or when certain criteria are met.

The requirements for a change in custody are typically determined by the laws of the jurisdiction where the petitioning parent lives. This is because the child's welfare will be governed by the same laws when residing with the parent requesting the change. In order to have a custody order amended, a fee is generally required to have the motion brought before a family court. There is also specific paperwork to be filed along with the fee.