If you are like most people, you have neither planned nor prepared for divorce. Lack of knowledge about the divorce process combined with the emotional turmoil you are experiencing could cause you to make poor decisions that can adversely affect your life for years to come.
Obtaining a divorce, or dissolution of marriage, can be an emotional experience, but an experienced family law attorney can advocate on your behalf and protect your interests, and the interests of your family, throughout each phase of the process. Kentucky has complex divorce laws which detail the many requirements a person petitioning for divorce must meet before the divorce is granted:
Do I really need to hire a divorce attorney? Many people resolve themselves to the idea that they are capable of handling their own divorce. However, if you were charged with a crime, you would likely hire a criminal attorney to protect yourself, right? You wouldn't want to gamble with your freedom. The divorce process is complicated and navigating the legal system to obtain good or optimal results requires knowledge and experience. With your children, home and financial security at stake, you do not want to use your situation as a learning experience. You also save yourself a lot of money in the long-run when you have a divorce decree that is written clearly and helps avoid future disputes. At Stange Law Firm, our child custody lawyers have the knowledge and experience to guide you and advise you through the hurdles that will inevitably come through your divorce.
Do I have to prove my spouse is at fault in Kentucky? The short answer is no. In Kentucky, there is an option for a no fault divorce. This means the marriage is irretrievably broken regardless of the actual cause. This allows the parties to focus on restarting their lives and if there are children, focusing on their best interest rather than re-hashing past behaviors.
However, if there are serious issues, you can also allege other grounds for divorce including physical/emotional abuse, abandonment, drug abuse, etc. These issues may be relevant in dividing property and deciding who gets custody of the children. Adultery may be relevant if the person requesting custody or a large property award is having an affair that broke up the marriage or if the adulterous behavior has been flaunted in front of the children.
How can I protect my children? Stange Law Firm, PC and Kentucky courts regard children as the highest priority in the process. Our divorce attorneys protect children throughout the court proceedings, and encourage our clients to do the same. DO NOT make your children a pawn in your divorce. Your children will suffer and you will regret your behavior in the future, whether through your own guilty conscience or through a stringent court judgment. The children should not be brought into the proceedings. Messages should not be passed through the children. If your ex is late on child support, do not tell your child "Tell Daddy/Mommy to pay me the money" when you send your child for visitation. This confuses the child and makes them feel even more fragile than they already do as children of divorcing parents.
The philosophy of our child custody attorneys is to help you develop a new parenting relationship with your ex-spouse so the focus is on the children's future, not your past marriage. Stange Law Firm reserves the right to request that the court allow our withdrawal from your case if we determine that you are not focused on the best interest of the children involved in your situation.
What about child support? Unless the parents have approximately equal custody time with the children and make roughly the same amount of money, one parent will pay child support to the other. The parent who does not have the children most of the time (also called the non-custodial parent) pays support to the custodial parent. Oftentimes, the non-custodial parent is the father, but as with fathers’ rights, we are seeing more and more fathers obtaining custody and receiving child support from mothers. There is not a presumption that the mother must be the custodial parent. Custody is determined by the court by determining what arrangement is in the children's best interest. Furthermore, our father’s rights attorneys, who have practiced for a long time with divergent cases, come to court fully prepared with vital documentation that furthers the chances of winning the case.
In Kentucky, child support is calculated by the child support lawyers using the child support guidelines. Both parents' incomes go into a formula, along with adjustments for parenting time and insurance paid. Each parent is responsible for a share of the child support, and the party who does not have custody of the children pays their share.
Can I get maintenance and do I have to pay maintenance? The only answer to this question is: It depends. Maintenance in Kentucky is designed to ensure that each party is able to meet their reasonable expenses post-divorce. The judge will decide based on the length of the marriage, work prospects for each party, conduct of the parties, the ability of the spouse to pay maintenance, whether adultery was committed and a whole host of any other factors the judge deems relevant. Each judge and each county is different. Based on our knowledge with the different judges and your individual case, we can give you our best estimate of the likely outcome.
Note: The choice of a lawyer is an important decision and should not be based solely upon advertisements. Stange Law Firm, PC is responsible for the content. Headquarters office: 120 S. Central Avenue, Suite 450, Clayton, Missouri 63105. The phone number is 855-805-0595.
