What do you need to know about a divorce in Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown, or Louisville, Kentucky? My name is John Schmidt, and as a divorce and family law attorney with more than 25 years of experience, I can help you to protect the things that are most important to you while accomplishing your objectives.
What are the 3 Most Important Things You Need to Know about Divorce in Kentucky:
There are many types of divorce, and it is important to work with an experienced attorney who can guide you through the process while protecting the things that are most important to you.- The cost of any divorce, as well as the time it will take to complete the process, are both tied directly to the amount of disagreement between the parties, and the ability of each person to work through these challenges to reach an agreement. If an agreement cannot be reached by the parties on any given issue, the Court will issue a decision.
- The experience of your divorce lawyer will make a substantial difference in your experience of the process, your ability to manage each step, as well as the likelihood of protecting the things that matter most to you and accomplishing your most important goals and objectives for the process.
There are 3 primary forms of divorce in Kentucky:
- Uncontested divorce
- Contested divorce
- Military divorce
While there are other legal methods to bring a marriage to an end, or to establish a legal separation prior to a divorce the most common path is a contested divorce.
Contested Divorce
Contested divorce is where you and your spouse do not agree on how to handle the dissolution of your marriage. You may disagree on who takes certain things you own, how much time each spouse will spend with the child(ren), who makes certain decisions on behalf of the child(ren), how to divide assets / debts, etc. In these cases, one spouse often wants more than an “equitable” split, which changes the nature of the situation such that whatever is gained by one side is lost by the other.
Uncontested Divorce
Uncontested divorce is where you and your spouse agree on how to handle every aspect of the dissolution of your marriage. You may agree on who takes certain things you own, how much time each spouse will spend with the child(ren), who makes certain decisions on behalf of the child(ren), how to divide assets / debts, etc. In this case, you simply want the peace of mind that comes with hiring a seasoned professional to guide you through the process as easily as possible, answering questions along the way, and making sure you don’t overlook important details.
Military Divorce
While divorce is difficult for everyone, military couples face challenges others may not have to deal with. The “Uniform Services Former Spouses’ Protection Act” (USFSPA), is an additional factor in any military divorce. Each state (including Kentucky) is allowed to treat “disposable retirement pay” as marital property according to each state’s law.
There are several unique issues that must be addressed in any military divorce. These include:
- Retirement issues
- Survivor benefit plans
- Child custody or visitation during overseas deployment
- Different child support obligations
- Rights granted under the Servicemembers Civil Relief Act
- TRICARE health insurance and access to the base and associated privileges
- You will often hear the terms 20/20, 20/15 or 10/10 thrown about in these conversations. The first number is the number of years of active military service, and the second is the number of years from the date of marriage to the date of the actual divorce (not when you separate).
Our attorneys have a deep understanding of these issues and can help you achieve positive results.
The Primary Issues When Ending a Marriage in Kentucky
The most common primary issues in a Kentucky divorce case include, but are not limited to:
- Temporary and Permanent Orders
- Child custody and visitation
- Marital property division
- Spousal support / Maintenance an Child Support
- Business or Professional Practice Division in a Kentucky Divorce
- Pensions and Retirement Account Division
- Adoption and guardianship
- Domestic violence
What is the Difference Between ‘Temporary’ and ‘Permanent’ Orders?
What is the difference between temporary and post-divorce maintenance support orders in a Kentucky divorce? A ‘Temporary Order‘ is usually issued toward the outset of the case, and will establish how things will be handled during the course of the case. “Permanent Orders” are issued when an issues is completely resolved, and establish the final word on how a specific subject is going to be handled from that point forward. It is important to note a few distinctions when it comes to a ‘Permanent‘ order. Permanent in this context does not usually mean the familiar assumption of “until remarriage, or death do you part.” In essence, a permanent order lasts until the judge modifies it, it is terminated, or it is no longer needed.
There are many instances where the Judge may place a time limit on the duration of a ‘permanent’ order. One example of this would be an expectation for the recipient of spousal support or ‘maintenance’ to become self-sustaining within a period of time. Rarely is a spousal support order going to last until death or remarriage, and usually only in cases involving a long-term marriage (i.e. 20+ years).
Orders will usually contain language to establish the “Status Quo.” This relates to the general relationship or financial situation that existed during the marriage or at the end of the case. In order to request a post-decree modification of a Judge’s order, the party must usually establish that there has been a substantial change in the status quo in order for the Court to agree to hear the modification case. This is another reason why it is important to work with the experienced team at the Law Offices of John Schmidt & Associates. We can provide insight into the issues and challenges you may be facing and document the required change in status quo, and to help structure your position in a manner that supports the reason for a post-decree modification of existing orders.
Child Custody and Visitation
Many Kentucky divorce cases involve children, and issues of child custody and visitation. It is important to understand Kentucky’s ‘rebuttable presumption’ that it is in the best interests of a child to spend equal time with each parent during and after a contested divorce. This means any discussion regarding custody or visitation should begin with a 50/50 split between each parent in mind.
There are far too many issues that will affect the child custody and visitation orders of a Family Court here in Jefferson, Bullitt, Hardin, Spencer, Shelby, and Oldham counties. If you are concerned about child custody and visitation, focus in on one central issue: the best interests of the child(ren). Start every child custody related question you ask yourself or conversation you begin with “what would be in the best interests of [child’s name(s)].
The next important concept is the difference between the two types of custody: Legal and Physical.
Legal custody relates to decision-making authority for a child in matters including, but not limited to:
- Education
- Religious Practices and Activities
- Extra-Curricular Activities
- Healthcare
Here in Kentucky, the court often orders ” Joint Legal Custody, ” establishing an equal legal footing for each co-parent regarding legal custody and decision-making authority over the child(ren). The child is a member of each household. When joint legal custody is ordered, each parent is equally involved in important decisions regarding the child’s life, education, and physical/mental health.
Physical custody is fairly much just what it sounds like. It is the right to have the child with you, to pick them up and to have them live under your roof.
In extreme cases involving addiction, abuse, or criminal activity, the court may deviate on issues of both “physical custody” (visitation) and “legal custody” (decision-making authority). It is important to note that most court orders relating to custody, visitation, and parenting plans require that the child(ren) remain within a specific (Kentucky) community. Following a divorce, in shared parenting and custody arrangements, neither parent has the right to take the child(ren) and move out-of-state without the expressed advance permission and orders of the Family Court that handled the original divorce.
Relocation with the Child(ren) After a Divorce
Custody and visitation orders include specific provisions regarding relocation. Here in Kentucky, our family law requires that any parent wishing to take their child(ren) and move out of the area must provide written notice to the Court and the other parent at least 60 days before departure. This applies to all parents, even those with full primary “physical” or “residential custody.” The other parent has the legal right to object to the move. The Law Firm of John Schmidt & Associates can help to file the appropriate motion with the Court to protect your parental rights and the unique and special relationship you share with each child.
Therefore, any parent who wishes to relocate out of the Louisville area, or move away from Kentucky, must clearly demonstrate to the Court that the prospective move will enhance the child’s education, safety, overall well-being, health, or promote the likelihood of improved social and economic circumstances. Additional factors include the proximity of family in their new location, the custodial parent’s future employment, and the children’s unique home life, which are all important factors that must be weighed. How will consistent, regular communications be managed with the other parent? The Court will ultimately decide whether or not the proposed move is genuinely in the best interests of each child, as well as their relationship with each parent.
Protecting Important Assets During Marital Property Division in a Contested Divorce
One of the most challenging aspect of a contested divorce involves protecting important asset during marital property division in a contested divorce. Generally speaking, if any debt or asset, such as a home, business interest or professional practice, retirement account or pension, or even stock options was acquired after the date of the marriage, the asset will be considered to be at least partially if not entirely a “marital asset” subject to “equitable division” under the family laws of Kentucky. If you acquire an asset or debt before the date of the marriage, and kept it completely separate during the course of the marriage, it usually remains a “separate” asset of its owner, not subject to marital property division. In many cases, property becomes somewhat of a mixture of both. This requires the parties (and/or the Court) to decide which part of the asset is “separate property,” and which part is commingled or “marital” property.
Valuation of an asset is another potentially complicated issue when it comes to marital property division. How much is that company worth? How much is each investment account, retirement account, gun collection, rental house, or pension worth? How is it to be divided in an “equitable” fashion? These are just a few of the complex issues associated with marital property division during a contested divorce.
Child Support and Spousal Support or Maintenance
Unlike child support, that has a fairly standard formula based upon specific pieces of data from each party in the contested divorce, spousal support is much less quantifiable under Kentucky family law. The Judge is given a list of issues to consider including but not limited to:
- The length of the underlying marriage.
- The incomes and economic viability of each party.
- The lifestyle enjoyed by the parties during the marriage.
- The age and health of each of the former spouses.
- The ability and timeframe for the recipient to become self-sufficient, as well as the need for and ability to pay the spousal support.
A contested divorce cannot be completed until every component of child support, spousal support, marital property division, as well as child custody and visitation, have been completely addressed and resolved.
A Contested Divorce Requires an Experienced Divorce Attorney
All of these factors help to answer the question, “why do you need an experienced contested divorce attorney in Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown, or Louisville, Kentucky?” I invite you to a conversation. I will help to answer your questions and begin to work with you on strategies for the short and long-term. If you are considering a contested divorce it is best to do some advance planning and preparation. You will need access to or copies of many documents, statements, tax returns and other information.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get answers to your questions and to learn more about your unique circumstances and how to protect what is most important to you in your contested divorce or family law case.