Divorce

A divorce is defined as the legal dissolution of a marriage. A marriage can also be dissolved through an annulment.

When a couple divorces, there are several issues that many need to be resolved. These include:

• Division of Marital Property- Kentucky is an equitable division state and the court will use several factors to determine how the marital property will be divided.
• Custody of the Children - The court chooses which parent will take custody of the children and decides on visitation arrangements.
• Monetary Support for the Children - The determination of child support payments is often an issue of available resources.
• Maintenance Payments - The divorce court judge can rule that one divorcee must make recurring payments to the other.

Navigating through these issues can often be confusing, but an experienced family lawyer will be able to help you understand divorce laws. If you are going through a difficult divorce, contact Hogan & Robinson, PLLC  for information specific to your case.

Dividing Marital Property in Divorce

When couples get a divorce, many issues need to be resolved. Oftentimes, one of the most contentious subjects is property division.  Kentucky is an equitable distribution state.

Equitable Distribution

The property division procedure used for divorce in Kentucky is equitable distribution. This method takes many factors into consideration before dividing the property and earnings accumulated during marriage. Some of the factors considered in equitable distribution of marital property include:

• The financial situation each spouse will face following divorce
• Relative earning power of each spouse
• Any property spouses own separately
• Work performed in acquiring marital property
• Value contributed as homemaker
• Fault of one spouse in squandering assets
• Spousal misconduct leading to divorce
• Providing for children
• Length of marriage

In no-fault divorces, the spouse who contributed the most towards the accumulation of marital property is often awarded a larger share (although this may be mitigated if the other spouse retains custody of the children).

It is a good idea to consult an experienced divorce attorney before dividing marital property to make sure you receive what you are entitled to under the law.

Determination of Child Support

The amount of child support paid is usually based on the incomes of both parents and how much time the children spend with each parent. For instance, if the mother earns less money than the father and the children spend more time with her, the father will generally pay more child support. However, it is important to remember that this will not always be the case, and that the courts determine the amount of child support awarded on a case-by-case basis (within certain child support guidelines). There are several factors the court takes into consideration when determining child support. These include:

• Income of Parent Without Custody - The court will take into account how much this parent makes and how much he or she can afford to pay.
• Income of Parent with Custody - The court will take how much this parent makes into account and how much further support is needed to take care of the children.
• Needs of Children - These can include healthcare, education, and other special needs.

Child Custody Issues

Divorce can be especially hard on children. As a result, it is important to resolve child custody issues as soon as possible. Determining what types of custody and/or visitation rights are appropriate can be difficult, and consulting with an attorney at Hogan & Robinson, PLLC can aid you in compliance with child custody laws.

Child Custody Rights

There are four types of child custody:

• Legal Custody - The right of a parent to make decisions about a child's upbringing
• Physical Custody - The right of a parent to have the child live with him or her
• Sole Custody - One parent has both legal and physical custody of a child
• Joint Custody - Both parents share legal custody, physical custody, or both

If either parent is unable to care for a child, a grandparent or other relative may be awarded custody.

For more detailed information on the types of child custody and how custody is determined, contact Hogan & Robinson PLLC today.

Child Visitation Rights

Those parents who are not awarded physical custody of their children may be entitled to visitation rights. There are three types of child visitation:

• Reasonable Visitation - This form of child visitation involves reasonable times and places that are determined by both parents.
• Fixed Visitation - The court orders times and places for child visitation.
• Supervised Visitation - An adult supervisor must be present during visitation.

In addition to the non-custodial parent being awarded visitation rights, there has been precedent for grandparents being awarded child visitation.