The uncertainty of divorce can make life very stressful. You are ending a chapter in your life that was filled with expectations. However, you are also taking major steps toward a more positive and productive future. It’s important that you put your energies into building that new life. Working with an experienced Louisville divorce attorney can take the legal bureaucracies off your shoulders so you can focus on you. At the Wagner Law Office, I help everyday people resolve divorce matters.
The Divorce Process
Kentucky is a “no-fault” divorce state. That basically means that neither spouse must prove fault to dissolve the marriage. I will file a divorce petition on your behalf that states you believe the marriage is “irretrievably broken.” You or your spouse must be residents of Kentucky for at least 180 days before the filing. To get a final decree, you must also live separately for a minimum of 60 days. After filing, the court may issue a temporary order that outlines the responsibilities of each party. These may include child custody, child support, visitation and marital support.
Division Of Marital Assets
The financial realities of divorce can be concerning, particularly if you were the primary homemaker and child caregiver. Fortunately, the Kentucky courts recognize the equal investment into the marriage of both spouses. One may have contributed dollars while the other enhanced the quality of the marital home and handled the majority of the child rearing responsibilities. Both are equally valuable and the marital wealth is generally distributed equally.
Marital assets include those things you built together such as home equity, bank accounts, retirement funds and other tangible property. The court generally sets aside personal property and wealth not associated with the marriage, such as an inheritance or gifts. It’s important to understand that each person contributed to the marriage and each deserves fair benefits in a divorce.
In a reasonable divorce, the attorneys generally negotiate a settlement that is fair and acceptable to both spouses. Understandably, there will be some give and take to work it out. The plan will be submitted to a judge for court approval. If the other party won’t be reasonable, I will litigate the issue and get a judge’s ruling for you.
Marital And Child Support
More commonly known as “alimony,” marital support payments are a way to help keep ex-spouses remain are relatively even after a marriage has been dissolved. The primary earner in the marriage generally makes monthly payments to the homemaker and primary childcare giver. There are several different ways to address marital support. It can entail ongoing monthly payments, a lump sum settlement or structured installments designed to support one spouse while getting retrained to enter the workforce. Similarly, child support payments are calculated in a fashion to help maintain a similar lifestyle for the minor child.
Work With An Experienced Louisville Divorce Attorney
It’s important to have an experienced and compassionate legal representation when going through a divorce. The dissolution of the marriage will impact your future wellbeing. If you are considering divorce, contact the Wagner Law Office for a free consultation.