Ending a marriage can take a toll emotionally and financially. Having competent, experienced presentation in a divorce will minimize the impact of such a complete change to you and your family. Moreover, creating a detailed and documented agreement now may well mitigate issues that come about in the future — issues ranging from relocation or child care to a change in income, custody, or visitation.
Obtaining a divorce means identifying, examining, and resolving a host of issues, including:
Division of marital property.
The divorcing parties (or the Court) must identify non-marital property (that is, acquired prior to the marriage) so it can be restored to the party who brought it into the marriage. It may be necessary to calculate how non-marital property has changed during the time of the marriage. The Court will also, per Kentucky state law, divide all marital property including personal property (vehicles, homes, furniture, personal items, household goods, etc.), bank accounts, retirement and pension accounts, business interests, and stock portfolios. Finally the parties or the court will determine which party will pay debts incurred during the marriage and any necessary tax payments to be made.
Determining the amount of alimony one spouse pays another, and for how long – even determining if spousal support will be part of a divorce agreement – is another issue that will be addressed during the divorce process.
The list of issues to be addressed and resolved if there are children is a long one. The parties or the Court must determine:
- Visitation schedule delineating when children will be with each parent, including holidays and extended vacation time outside of school.
- Custody, both legal and physical, and whether one party will be entitled to sole custody.
- Whether child support will be paid, how much, and what it will include (school tuition, health and dental insurance, extra-curricular activities, work-related child care).
- A trial will be scheduled only if the parties cannot agree on all the issues on their own or through mediation. If the Court finds the terms of the agreement to be conscionable, a Decree of Dissolution of Marriage will be completed.
Wondering which state and which county to file for divorce: Please follow the following link.
When you have questions, Goldberg Simpson has answers. Please see the FAQs below.
- Post-Divorce FAQ under Kentucky Family Law
- Families In Transition FAQ
If you or a loved one is in need of legal assistance, call Goldberg Simpson at 502-589-4440.