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Additional Information
For some additional information regarding Custody, Visitation, and Child Support along with helpful tips on how to work through this process and questions you should ask your attorney Click here.
Contested Divorce
If there are unresolved matters regarding child visitation, child support, and division of property, among many other issues you may need to file for a Contested Divorce. Here we will help ensure that your rights are protected and that this difficult time in your life will be handled with efficiency and care. We will do our best to make this as smooth and quick of a process as possible and prevent you from having to go to court multiple times when it is unnecessary. We used out of court mediation when we can to resolve any of the unresolved issues that are with your particular case, this helps to prevent having to go to court saving you time and money.
Uncontested Divorce
If you and your spouse have already come to an agreement on things such as child visitation, child support, and division of property you may be able to file for an Uncontested Divorce. Our role in this type of case is to help you with all of the paperwork that is involved in these kinds of cases, making sure that what is submitted adheres to Kentucky statutes and guidelines. This can save you money, time, and the stress of having to submit your paperwork multiple times due to not having knowledge of the procedural aspects of filing for a divorce. We pride ourselves on being able to make this difficult time in your life a smoother process and giving you peace of mind.
Divorce
Deciding to file for a divorce can be one of the most difficult decisions in your life, especially if children are involved. Not only do you have the stresses of the emotional toll this can take, but you are now facing an overwhelming legal process.
Many of the issues you will have to face are:
- Maintenance
- This is also known as alimony and in the state of Kentucky this is not something that has clearly defined guidelines setting amounts or the duration you may receive payments. Some of the factors taken into account are:
- The Payor and Recipient's income
- Any Child Support that is being paid
- The number of years the husband and wife have been married
- This is also known as alimony and in the state of Kentucky this is not something that has clearly defined guidelines setting amounts or the duration you may receive payments. Some of the factors taken into account are:
- Child custody and timesharing
- There are several factors that are involved in determining the custody and timesharing that each parent shall have, however the number one factor is what is in the best interest of the child. Some of the other things that are considered in determining what is in the best interest of the child are:
- The living conditions of each parent
- The school the child attends
- Criminal records of each parent
- Any emergency protective orders or domestic violence orders
- There are several factors that are involved in determining the custody and timesharing that each parent shall have, however the number one factor is what is in the best interest of the child. Some of the other things that are considered in determining what is in the best interest of the child are:
- Child support
- In the state of Kentucky child support is determined by one of two ways, income based or by an agreement between the child's parents. Whoever is not the primary custodian of the child will generally need to pay some form of child support. Click here to be taken to the Kentucky Child Support Calculator to find out what the child support obligation would be.
- Paternity
- This can be established by a few different ways and may be necessary in a few different ways:
- At birth by having the father on the birth certificate
- Admittance of both parties
- DNA testing
- This can be established by a few different ways and may be necessary in a few different ways:
- Modification of child support
- There can be a few different reasons you may want to request modification of child support:
- If you are paying the child support:
- You have become a full-time student
- You have an involuntary loss in rate of pay
- You have become disabled
- If you have a substantial increase in pay
- If you are receiving child support:
- You have good reason to believe that the payor has had a substantial increase in their rate of pay since the last ordered child support
- It has been over 2 years since the last ordered child support, you may be able to get a review
- You have had a substantial decrease in income
- If you are paying the child support:
- There can be a few different reasons you may want to request modification of child support:
- Modification of timesharing and visitation
- There are a few different reasons you may want to request modification of the current visitation / timesharing agreement / order:
- It has been more than 2 years since the last agreement / order was entered
- There has been a material change in circumstances regarding the living conditions of the child/ren which can include but is not limited to:
- A party has moved far away from where the agreement / order was entered
- Recent criminal activity involving one of the parties
- Change in living conditions for one of the parties
- Lack of specifics in your current agreement / order
- There are a few different reasons you may want to request modification of the current visitation / timesharing agreement / order:
- Enforcement of child support
- In the event that the payor of the child support is not making their ordered payments on time or at all you may want to file to take the payor back to court to receive a new judgement against them, these judgements can include:
- Garnishment of wages
- Garnishment of income taxes
- Jail time
- In these situations it is possible that the offending party may have to pay your attorney fees
- In the event that the payor of the child support is not making their ordered payments on time or at all you may want to file to take the payor back to court to receive a new judgement against them, these judgements can include:
- Enforcement of visitation / timesharing
- Unfortunately people will sometimes not follow the agreement or order for any number of reasons without first obtaining permission from the court, in these situations we suggest that you take action as soon as possible through the court system to prevent any further defiance of the agreement / order, some of the punishments for not following the agreement / order are:
- Having the offending party pay your attorney fees
- Fines levied by the court
- Jail time for the offending party
- Unfortunately people will sometimes not follow the agreement or order for any number of reasons without first obtaining permission from the court, in these situations we suggest that you take action as soon as possible through the court system to prevent any further defiance of the agreement / order, some of the punishments for not following the agreement / order are:
- Prenuptial agreements
- You may feel as though you need a prenuptial agreement prior to your marriage in order to protect premarital assets such as:
- Any businesses you own
- Properties you own
- Sources of income
- You may feel as though you need a prenuptial agreement prior to your marriage in order to protect premarital assets such as:
- Protective orders
- If you have filed for an Emergency Protective Order or have received a Domestic Violence Order protecting you and / or your children, this is something that will be used to help strengthen cases such as:
- Custody / Visitation
- Divorce
- Maintenance
- If you have filed for an Emergency Protective Order or have received a Domestic Violence Order protecting you and / or your children, this is something that will be used to help strengthen cases such as:
- Property and asset division
- There are two types of property and assets to be divided in the event of a divorce, pre-marital and marital. Pre-marital property is anything that you brought into the marriage. Marital property is anything that was purchased after the date you were married, regardless of whose name the property is in. Some examples of assets that can be divided are:
- Vehicles
- Properties
- Businesses
- Household good and electronics
- Some exceptions to these rules are gifts that were given by one another or outside people even during the marriage
- Vehicles
- There are two types of property and assets to be divided in the event of a divorce, pre-marital and marital. Pre-marital property is anything that you brought into the marriage. Marital property is anything that was purchased after the date you were married, regardless of whose name the property is in. Some examples of assets that can be divided are:
- Debt Division
- Any debt incurred while you are married is considered marital debt, this debt may be able to be dividing between the two parties. As there is no clear cut way to determine what debts are dividable it is in your best interest to seek legal counsel to help you to determine which debts you may have that can be divided among the two of you
- Mediation
- It is always best to come to to an agreement outside of the court system. Generally you will come to a more favorable decision for all parties involved through mediation and both parties making concessions and working together. There is informal mediation and formal mediation:
- Informal mediation is done either directly between the two parties outside of court with or without their attorneys present
- Formal mediation is either court ordered or agreed upon by both parties to appear before a mediator in order to try and work through any of the disagreements on thing such as property and debt division, child custody and visitation.
- It is always best to come to to an agreement outside of the court system. Generally you will come to a more favorable decision for all parties involved through mediation and both parties making concessions and working together. There is informal mediation and formal mediation:
- Parental rights
- A common misconception about custody is that custody has a direct correlation with the visitation and timesharing of the child. Custody determines who has decision making capabilities over the minor child and their well being, some of the items that can be effected by custody are:
- What school the child will attend
- What kind of religion the minor child will follow
- If the child is able to leave the country (i.e. getting a passport)
- There are two types of custody, joint custody and sole custody, each are described as follows:
- Joint custody is when both parents have decision making capabilities over the child
- Sole custody is when only the parent granted sole custody has decision making capabilities over the child
- In the state of Kentucky it is in default that once a child is born the parents have joint custody, you must file a petition with the court in order to change this to sole custody
- Joint custody is when both parents have decision making capabilities over the child
- A common misconception about custody is that custody has a direct correlation with the visitation and timesharing of the child. Custody determines who has decision making capabilities over the minor child and their well being, some of the items that can be effected by custody are:
Everything listed above is just a general overview of family law, it is important to remember that everyone's case is unique and that these are just examples to help you decide if you are in need of legal assistance. We pride ourselves on providing our clients with compassion and understanding in their times of need. We make sure to keep you informed throughout the whole process so that you are as comfortable and confident with the service our practice provides.
Custody / Visitation
Dealing with custody matters regarding your children or grandchildren can be a difficult time in your life. These kind of situations can be emotionally charged and physically draining on all parties involved, including the children. We are here to help relieve that burden and help you to navigate the Courts to come out with the best possible resolution for you and your child. Whether you are the Mother or Father of a child, you have rights. We are here to help you take the steps necessary in order for you to receive the custody and timesharing you deserve.
Family Law
Llámenos hoy
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Heather A. Hadi, PSC © 2013 All Rights
407 N Broadway, Lexington, Kentucky 40508, United States Reserved
(859) 685-2194