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A common question those considering divorce in Kentucky ask is regarding time frame. How long will it take me to get a divorce? Each case has a different timeline depending on the assets involved, number of legal issues, and a whole variety of other factors. It is unlikely your divorce will have a definite conclusion...
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Unlike property that was earned during the marriage, there is no presumption that debt incurred during the marriage is marital debt. Neidlinger v. Neidlinger, 52 S.W.3d 513, 523 (Ky. 2001). See also KRS 403.190. There is also no presumption that debts must be divided equally or in the same proportions as marital property but rather...
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An Emergency Protective Order (EPO) is a temporary order of protection from domestic violence and abuse. An EPO can be issued without a hearing or notice to the other party. A judge who receives a petition for an EPO must determine whether there is an “immediate and present danger” of domestic violence and abuse. Once...
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The question of when to file a divorce is both a legal question and a practical question. Legally, if you want to file a divorce action in the Commonwealth of Kentucky, the Court must have jurisdiction to hear your case. At the most basic level, you must meet the KRS 430.140 residency requirement “that  one ...
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Kentucky requires that the parties have been separated, or have “lived apart”, for a period of 60 days, which can include living under the same roof without sexual cohabitation, before the court can grant a decree of legal separation or dissolution of marriage. KRS 403.170(1). You do not need to obtain a separate home to...
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Kids with Christmas Tree
Even while married, couples can have difficulty navigating the holiday season. Grandparents, step-grandparents, aunts, uncles, cousins, and more all want face time during the holidays, especially when a little one is involved. A divorce or separation can add even more complications to the busy holiday season.
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Once you have decided to pursue a divorce from your spouse, the question may arise whether it matters if you are the first to file the divorce. The short answer is no, but there are some advantages and disadvantages to filing the petition. Being the spouse who files the petition means that you have the...
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The end of a marriage can be an extremely confusing, stressful and highly emotional event. In order to make decisions that are within your control and in your best interest, minimizing conflict is essential. The following are some strategies for navigating the divorce process with a minimum of conflict. Focus your attention on the things...
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In Kentucky, marital property is divided pursuant to KRS 403.190 “without regard to marital misconduct in just proportions considering all relevant factors including.” Not all property is marital property. The statute sets aside nonmarital property which is not subject to equitable division. KRS 403.190(2) describes nonmarital property as follows: “(a)Property acquired by gift, bequest, devise,...
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Tax Return
The first step in any divorce is finding someone to guide you though the process. The right guide will be able to answer your questions, explain the divorce process, and prepare you for what is likely to come. You may want to consider making an accounting of the family finances prior to obtaining advice so...
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