Defend Your Best Interests And Future In A Divorce
No one expects to get a divorce when they get married, which means that very few people have the knowledge necessary to protect themselves when they are facing a divorce. If you are in this situation, you need some early questions answered fast, and you need to take action to protect yourself.
At The Law Office of Marvin Knorr & Associates, our attorneys know what is at stake in a divorce, and they know what you should and should not do to prepare yourself for yours. Our Kentucky lawyers are dedicated to the well-being of all our clients throughout the northern Kentucky area, and they are eager to help protect you and your family in your divorce.
What You Should Know About A Divorce
One of the worst things that you can do in your divorce is play things by ear and take on your divorce alone. Some of the essential guidance our team can offer you includes:
- Why you need a lawyer in your divorce: Even in an uncontested divorce, you may agree to something in your property division or custody agreement that is far worse than you deserve. Our team can help identify and protect your best interests.
- How long a divorce takes: For middle-class families, a divorce typically takes between 60 and 90 days. If a divorce is especially conflicted, it may take longer.
- How you can file for divorce: Any Kentucky citizen of at least 180 days may file for a divorce in our state. A contested divorce also requires a document called a petition for dissolution of marriage as well as supporting documents. We can help you gather what you need if you are looking to file for divorce.
No matter what side of the divorce you are on, and regardless of whether your divorce is contested, our lawyers can help you protect what matters most to you and your children. They care about your future as much as you do, and they want to be the ones to help you protect it.
Your Family Law Questions Answered
Below, we provide answers to some common questions about family law in Kentucky.
What is the divorce process in Kentucky?
Before filing, either you or your spouse needs to meet the residency requirements listed above. One spouse (the petitioner) will fill out a “petition for dissolution” and serve the other spouse (the respondent) with the paperwork. The petitioner can cite an irretrievable breakdown of the marriage as the reason for divorce. There is no need to allege that one spouse is at fault.
After petitions have been filed, the direction of divorce proceedings will depend on whether there are issues that need to be resolved (such as how property is divided, how child custody is allocated and more). In some cases, couples are already in agreement over all terms and can file “uncontested.” More often, however, the couple will need to resolve their disagreements through negotiation, mediation or litigation.
Once issues have been resolved and proceedings are complete, a judge can issue a “decree of dissolution,” finalizing the divorce.
How and when is spousal support determined?
Spousal support, also known as alimony, is not automatically granted in every divorce case. In Kentucky, the court considers several factors when awarding spousal support and determining the amount and duration of payments. These factors include:
- The length of the marriage
- The financial resources of each spouse
- The standard of living established during the marriage
- The time necessary for the spouse with fewer financial resources to gain sufficient education or training to find employment
The goal is to ensure that neither spouse is left in financial hardship after the divorce.
Are assets always split 50-50 in Kentucky divorces?
Kentucky follows the principle of “equitable distribution” when it comes to dividing marital property. This does not necessarily mean a 50-50 split. Instead, the court aims to divide assets equitably (fairly), considering factors such as the length of the marriage, the contributions of each spouse (including nonfinancial contributions like being a stay-at-home parent) and the economic circumstances of each spouse. The court’s goal is to reach a fair distribution that reflects the unique circumstances of each case.
What is the difference between a divorce and a legal separation?
A divorce legally ends a marriage, while a legal separation allows spouses to live separately without terminating the marriage. In a legal separation, the court can still decide on issues like property division, child custody and spousal support. Some couples choose legal separation for personal or religious reasons, or to allow time apart while keeping open the option of reconciliation. If a couple decides to divorce after being legally separated, they will need to go through the divorce process.
How long does the divorce process usually take?
We provided general estimates earlier on this page, but the length of the divorce process in Kentucky can vary depending on the complexity of the case and whether the divorce is contested or uncontested. At a minimum, there is a 60-day waiting period from the date the divorce petition is filed. However, more complex cases involving disputes over property, child custody or spousal support can take several months or longer to resolve. Each case is unique, and our attorneys are committed to helping you achieve a resolution as efficiently as possible.
Begin Your Case Today
Now is always the best time to reach out if you are facing a divorce. You can contact our office in Covington by calling 859-495-1857 or emailing us here. Schedule your initial consultation today to see how our attorneys can craft a custom-tailored approach for your future.