Author: Grubbs & Landry

5 Common Mistakes Fathers Make During and After A Divorce…

When your marriage comes to an end, it’s easy to get caught up in your emotions. Overwhelmed by all that you are experiencing can cause you to unknowingly make mistakes. This might come with longer lasting consequences, so it is vital that you do your best to remain level headed and not succumb to your emotions. The following are some of the most common mistakes dads make as they go through divorce….

Running Up Litigation Costs

In an effort to outspend and break their ex-wives, dads will drive up litigation expenses. This can cause fathers to deplete their own funds and gain enemies. This can also create the impression that they are being unnecessarily difficult which can cause the judge to side in favor with their ex.

Over-Extending Themselves

With divorce comes change. With expenses like child support, alimony, and the cost of dual households, they feel overwhelmed and are forced to work more just to support these lifestyle changes. To avoid over-extending yourself, consult with your divorce attorney in the beginning of the process. They can help you understand what your financial obligations are and assist you in creating an effective budget to accommodate the pending changes.

Failing to Prioritize Their Children

In an effort to maintain the peace, fathers sometimes sacrifice time with their children and avoid going to family court. While it is important that you make the transition as smooth as possible for your children, it is more important that they are still getting time with their dad.

Using Their Children as Pawns

Often times fathers will use gaining equal custody of the children as leverage to reduce the amount of child support they’ll have to pay. Custody should be divided fairly and centered around the best interest of the children, not either parent. It is important to spend quality time with your children when you do have them. If you’re only fighting for custody because you do not want to have higher child support payments, you need to step back and reevaluate.

Refusing to Pay Child Support

Usually if a father ceases child support payments, there is a good reason for it whether it be that they lost their job or had a decrease in pay. Regardless, you should not stop paying your child support. In these situations, it is best to ask for a modification. It is likely that a judge will agree to the modification if it is deemed that your current payments are causing significant financial stress on you and not maintaining the best interest of the children. You do not want to face penalties and interest fees on top of missed payments.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
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Divorce Tips For Couples Thinking About Divorcing After 50…

Divorce after 50 can be financially devastating. The cost of living is considerably more when you’re single rather than when two of you share expenses, Expenses can be 40% to 50% higher than for couples on a per person basis, according to the American Academy of Actuaries. However, divorce among individuals of this age has doubled within the past 20+ years. Divorcing after 50 is sometimes referred to as a gray divorce. It has its own unique challenges since most married couples over the age of 50 have likely spent decades with each other. Here are a few of the issues individuals over 50 must consider if they are thinking of obtaining a divorce….

If Your Health Insurance Is Through Your Spouse

If your spouse’s policy has covered you, you may be in for a nasty—and expensive—surprise, especially if you divorce before Medicare kicks in at age 65. Basically, there are three options…

  1. Your employer can cover you
  2. You can sign up for your state’s health care exchange under the Affordable Care Act
  3. Continue to use your ex’s existing coverage through COBRA for up to 36 months, but the cost is likely to be substantially more than it was before the divorce.

If new, separate health insurance policies threaten to break the bank, you may want to consider a legal separation so you can keep your ex’s health insurance but separate your other assets.

Finances / Lifestyle Changes

Financial aspect of divorce can present some major hardships, especially since you are no longer in your prime income-earning years. You will have a division of 401K and IRA plans, if either or both of you have those assets. You’ll have to pay the standard 10% early withdrawal penalty to divide these funds. A qualified domestic relations order is a legal document you can sign that is typically found in a divorce agreement, it recognizes that a former spouse is entitled to receive a predefined portion of the other spouse’s individual retirement plan assets. You can use this plan to save 10%. Depending on the specific circumstances of your situation, a divorce might require to delay retirement or a drastic lifestyle change.

Emotional Considerations

First time in a long time for being only responsible for yourself to make decisions based on what you want. From little decisions like what to hang on the wall of your house to bigger ones like where to travel and what kinds of projects to do on the house, is all up to you. That feels good but can also be overwhelming. At first, it can be really nerve-wracking and the dating world has changed. Dating can be energizing until it gets exhausting. It can be scary since you might not be used to being on your own. Remember that it is OK to ask for help. Talk to a close friend or consider therapy to vent your emotions.

Adult Children

No matter how much you’d like to help your kids, your priority is to ensure you have a healthy retirement income. When the income that once covered one set of household expenses is suddenly divided into two, you may have to make some changes to your spending to afford your daily and monthly expenses. Unlike younger couples struggling with child custody or child support, these problems no longer are on the table, but that does not mean you will not have to provide comfort and emotional or financial support to older sons and daughters.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

3 Reasons Why You Should Be Wary of Online Divorce Services…

Getting a divorce is a stressful and often emotionally difficult process. Many people don’t want to go through the court system and hire a lawyer, thinking that this will take too long and cost too much money. In recent years, online divorce sites have started advertising as quick and easy alternatives to traditional divorce methods, providing people with the necessary documents to file without having to go to court. Online divorces are certainly legal, though they are not always recommended, especially if you and your spouse are facing a contentious divorce. If you and your spouse cannot agree on all major issues, then it’s best that you involve an attorney. If you are thinking about getting an online divorce, there are several drawbacks that you should consider before choosing this option…

Making Legally Binding Decision Without Professional Advice

The decisions you make in your divorce are legally binding. This means they cannot be changed unless there is a significant change in circumstances later on for you or your ex-spouse. Thus, having to make decisions about complicated legal issues without the advice of a knowledgeable lawyer can lead to regret. You may make decisions that are not in your financial favor, or you may agree to terms that hinder your relationship with your children in the long run. Thus, online and do-it-yourself divorce may result in regrettable decisions.

Completing Forms Without Assistance or Experience

Online divorce websites advertise as cheap, simple, and quick ways to obtain a divorce. However, they often still charge some money and do not provide assistance for making complicated legal decisions. This means you may actually spend more time and energy trying to figure out the necessary forms you must file than if you had the help of a lawyer. You will also have to do research to learn complex legal definitions and terms related to your case. The stress of filing for divorce through a do-it-yourself website is often much greater than hiring a knowledgeable attorney to walk you through the process.

In Court, Do You Want an Agreement Drafter or a Lawyer By Your Side?

An amicable divorce is synonymous with an uncontested or no contest divorce. Believe it or not, there is such a thing, and it works well in the appropriate contexts. However, if you have to show up to court with an agreement drafter online and your spouse has a lawyer by her side, you’re probably in for some trouble. An online service cannot replace an experienced and determined lawyer, especially when you are contesting complex family law issues. Divorce laws differ from state to state, and sometimes from county to county. While online divorce sites offer paperwork for general laws, they may not provide the exact details and forms that your particular county requires.

So are online divorce services safe to use? Relatively speaking, yes. But does that mean there are good for you? Probably not.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

What Are A Grandparent’s Visitation Rights Following A Separation or Divorce?…

Kentucky is one of the few states that allows grandparents to sue for visitation if the grandchild lives in an intact family. A court may award a grandparent the same visitation rights as a parent without custody if the grandparent’s child is deceased and the grandparent has provided child support to the grandchild. In all cases, courts examine the best interests of the children. Divorce and separation cause trauma for all family members. With a break up, the level of influence of family members on either side is jeopardized. Especially extended family including grandparents. What are the rights of grandparents involved in the lives of their grandchildren after divorce or separation, as well as the extent to which their rights are enforceable by law if denied by either parent?

Child Visitation

The circuit court may grant reasonable visitation rights to either the paternal or maternal grandparents of a child and issue any necessary orders to enforce the decree if it determines that it is in the best interest of the child to do so: KRS 405.021 Reasonable visitation rights to grandparents. The grandparent asking for court-ordered time has the “burden of proof” (the duty to provide sufficient evidence) to show that visitation is in a child’s best interest. Kentucky courts automatically presume parents act in their child’s best interests and give special weight to their preferences regarding their child’s care. If your grandchild’s parent(s) object to grandparent visitation, you must overcome this “presumption” (legal assumption) by showing that spending time with you serves the child’s best interests. If the court determines grandparents’ future involvement to be in any way harmful to the child’s well being, visitation rights may be denied. Grandparents are entitled to appeal the decision.

Unmarried Fathers and Grandparents’ Rights

If unwed fathers do not legally establish fatherhood by filling out a voluntary declaration of paternity, performing a paternity test, or signing the child’s birth certificate when they are born, they do not have any parental rights. Without one of these facts when the unwed father splits from his child’s mother with his legal paternity unconfirmed, he is not assumed to be the father. Therefore he will not be granted parental rights or given any kind of child custody. In such cases, the same is true for paternal grandparents. If there are no parental rights for the father, there are no rights for paternal grandparents.

What Can Grandparents Do When Barred From Spending Time With Grandchildren?

When grandparents are denied contact with their grandchildren it can be heartbreaking for the grandparents and grandchildren alike. Although suing for visitation rights is a possibility, the most productive approach is resolving family disputes. Maybe mediation could provide an opportunity for resolution. If mediation fails, you can still have legal recourse. Contact a family attorney who understands family issues tend to be personally painful and that legal battles are to be avoided whenever possible. So get some legal advice to solve your visitation problems.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Is a Prenuptial Agreement Right for Me?

The truth is, marriage is not only a romantic relationship but also a type of business relationship. This dual nature and purpose of marriage have led to the increased acknowledgment that a prenuptial agreement (also called a premarital agreement or prenup, for short) can be useful to protect each spouse’s financial interests. Many engaged couples think it will never be a necessity, the truth of the matter is many marriages fail.

Peace of Mind

With a prenuptial agreement you would have peace of mind that your assets, finances, real estate, and other issues of value which are protected. Prevention is the best defense against a devastating loss.

Gift of Love

Popular culture has us thinking that prenuptial agreements are simply about anticipating a divorce. That is far from the truth the agreements are generally recommended for everyone. They signify a strong way of signifying you care about your future spouse because you want to ensure things are taken care of as thoroughly as possible.

Especially Important to Consider

If a divorce ever becomes your reality, you will thank yourselves for having taken care of a majority of the financial aspect of our marriage ahead of time. Especially if your life includes…

  • Children from a previous marriage
  • If either of you has been married before
  • Either of you has more wealth than the other
  • Either of you is a business owner
  • Custody of future children and pets

Hiring a prenup lawyer can make all the difference, not only in reaching an agreement but also in getting it memorialized in a document that will stand up in court. A good lawyer — well, two lawyers, actually — will ensure that a prenup fits everyone’s needs. The law considers marriage a contract between two people. So unless a married couple creates a legally binding agreement that states otherwise, the law in the state where they live will govern their property rights.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Do I Have to Pay Child Support Even Though I Lost My Job?…

If you have been making court ordered child support payments, you are aware of the financial burden that can come along with them. Losing your job can only make paying these payments that much more challenging. Here are a few things your should know…

Can I Have My Child Support Order Modified?

If you are unemployed, you might be eligible to have your payments modified but it is not a guarantee that the court will approve a modification. It is important that you contact your family law attorney immediately if you lost your job and need assistance. You should also know that your eligibility does not excuse you from making from payments right away. You are still legally obligated to make your payments until your order has been officially changed by the court. If you do not make your payments prior to approval, you will still held accountable for those payments even if your modification was approved. You may also be eligible to receive a child support modification if you have not been able to work for an extended period of time as a result of an accident, injury, illness, and/or disability. Regardless, you should still continue to make your child support payments until the court has approved your request for a modification.

Can I Make My Child’s Unemployed Parent Make Their Child Support Payments?

If you have primary custody, you have a few options should your child’s other parent become unemployed. If you need advice, contact an experienced family and child support lawyer to see counsel based on your situation. This will help you avoid going to court and losing payments. You and your co-parent might be able to come to terms without involving a lawyer, if they are only going to be without a job for a short period of time. However, if this does not work and they continue to not make their court order payments, you should immediately contact a family lawyer. They can serve as the middle man to help you negotiate payments and take legal action when necessary.

How Do I Change My Child Support Order?

You should consult with a family lawyer as soon as possible to help you avoid making costly mistakes that only make it that much more difficult to provide for your child. Your family lawyer will work with you to work on a modification at the court that has jurisdiction over you case. If you do not live in the same state or court district as your co-parent, a family lawyer can help you determine which court holds jurisdiction and will be involved in making any modifications to your agreement.

Are Modifications Temporary or Permanent?

Depending on your situation, you can have your child support payments modified either short or long-term. If your crisis includes short-term unemployment, disability, or financial hardship, you should opt for a temporary adjustment. A court may allow several months of modified payments before you have to pay the original agreed upon payments. Should you have a life-altering accident, injury, illness, or are permanently disabled, you may be eligible for a permanent or long-term modification. In this situation, you might need an immediate adjustment so that you can afford medical treatment. Please seek help from an experienced family lawyer immediately.

Does Social Security Income and/or Social Security Disability Impact Child Support?

Social Security Income is not usually included into your total income when a court decided on your child support obligations. This does vary by state so you should get in touch with a family lawyer to find out how your social security income could factor into your child support agreement. Social Security Disability Income is not treated the same as regular or Social Security Income. If you receive Social Security Disability Income, you may be eligible for permanent changes to your child support agreement.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Who Gets the Pets in a Divorce?

What if you are getting a divorce and you and your spouse have a pet that you both love? Determining who gets custody or the pet in a divorce can be a devastating and emotional decision.

Determining Pet Custody

Laws are designed to protect the best interests of human children in divorce (allowing for shared custody, visitation, and alimony), the laws for pets are intended to benefit the owner instead. Under the law, pets are considered to be personal property, capable of human ownership and control. Courts working under that law only strictly have the authority to award a pet to one owner or the other. To grant shared custody or visitation of the couple’s pets would be exactly the same, in the eyes of the law, as having them trade their television back and forth from one week to the next. If one spouse adopted the pet before marriage, he or she will retain custody of the pet after the divorce. If the couple adopted the pet together after marriage a judge will consider the unique circumstances to make a decision. Things that may affect who gets the pet include…

  • Who will be living in the family home?  – That could be a big factor. Where each spouse will live after the divorce. Will both of you have a nice yard for the dog? The spouse with the larger home may be the judge’s preference to take the pet.
  • Will one spouse be moving abroad? – Local laws could affect whether you can bring a pet. If one spouse is moving, the judge will probably decide the pet is better suited to live with the other spouse.
  • Who was the pet’s true caretaker? –  Who walked the pet? Who took the pet to the vet? Who shopped for the pet’s food and supplies? Who cleaned up after the pet? He or she may be more likely to receive custody of the pet.
  • The pet’s best interest – The judge will choose the pet parent and home that is best suited for the pet.

Consider Splitting Dog Custody

Creative pet custody arrangements made by the two of you could be the best decision. Come to your divorce hearing with the decision made by the two of you about your pet’s custody. Be flexible and willing to compromise. Maybe one spouse would agree for the other spouse to have custody to keep the pet anytime that the custodial owner is out of town or has a busy week. Or maybe a friendly “dog share” that allows each plenty of time with their beloved pet, one month on, one month off. Of course, the dog must be an easygoing guy who does fine with all the back-and-forth. With a little foresight, and by keeping the best interests of your pet at heart, you can help make the difficult process of divorce a little bit more bearable for the whole family, and everyone will come out happier in the end.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Am I Responsible for My Spouse’s Debt in a Divorce?

Debt and divorce go hand-in-hand like peaches and cream, only it’s definitely not so sweet all the time. If you’ve been married for any length of time, it’s almost certain that you and your spouse have some marital debts. How these debts are handled during your divorce can make a big impact on your credit long after the two of you split. Once you say “I do” you are not only blending your life with your partner you are also commingling your finances, your property, and your debt plus the marriage debt such as mortgages, credit cards, car loans, and maybe even student loans. What happens to those debts when you and your spouse split up??

Assigning Debts in Property Division

Equitable distribution is a method of dividing property at the time of divorce. All states except for a handful follow the principles of equitable distribution. Equitable distribution does not mean “equal”; it means that assets acquired during a marriage are subject to distribution. Each spouse is responsible for the debts they incurred before and during the marriage. Even if it was acquired during the marriage the spouse will usually be given the debt they acquired during the marriage. If you and your spouse cannot decide who will be responsible for paying certain debts the judge can divide the debt on your behalf. In Kentucky, divorcing spouses are less likely to incur their spouse’s debt than in states that do not have equitable distribution. However, there is always a but you could still be saddled with your spouse’s debt.

Taking on Your Ex’s Debt

When two people apply for credit together, each is responsible for repaying the debt. This is true even if your divorce decree assigns the debt to your spouse. If an account goes into default due to non-payment, both spouses will be held liable since creditors are not bound by a divorce decree. On top of that, your credit score will drop, which will make getting credit in the future harder.

Protect Yourself From Your Spouse’s Debt

Consider closing joint accounts that were opened in both of your names, as well as removing your spouse as an authorized user on your own accounts. You can also ask the creditor to convert these accounts to individual accounts. Since creditors aren’t obligated to convert such accounts, you may need to apply for credit on an individual basis. The creditor will then extend or deny you credit based on your new application. Refinance the debt to ensure it is solely your spouse’s legal responsibility. If you had a prenuptial or postnuptial agreement that would help.

Equitable distribution works from an assumption that the marriage is an economic unit and that what the spouse acquired during the marriage is subject to distribution — regardless of need.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Divorce Tips – Factors That Warrant Sole Custody Of Your Children…

Sometimes, a parent will go to court seeking sole custody of their child. This may be because joint custody is not in the best interest of the child. In the State of Kentucky, a bill was created that allows for parents to retain joint custody by default and this is usually the best measure for both parents to maintain relationships with their children. However, when a parent does not want to continue with shared custody they will have to go back to court to apply for sole custody.

Physical Custody vs Legal Custody

Parents can obtain two types of custody, sole custody, and legal custody…

  • Legal custody is a parent’s right to make decisions regarding matters of importance in the child’s life, such as the child’s medical care, education, religious upbringing, and moral development. If a parent has sole legal custody, they do not need to consult with the other over the previously mentioned matters.
  • Physical custody pertains to where the child lives and the actual physical care of the child. Decisions regarding the day to day care of the child are typically made by each parent when the child is in their care. However, if one parent has sole physical custody, that parent makes those decisions alone.

 

Factors That Warrant Sole Custody…

Evidence must be provided if a parent believes joint custody would not be in the best interest of their child. To obtain sole custody one of the following criteria must be proven…

Abuse

If a parent has a history of violence or sexual abuse and has been abusive to the child (or any child) or the other parent..

Neglect

If a parent has a history of neglecting the child, it is likely this neglect would continue in the future. Neglect is the failure to provide a child with necessary dental care, medical care, proper supervision, adequate food, appropriate clothing, shelter, and any other safeguards that protect the child’s physical and emotional well-being.

Substance Abuse

A parent who engages in substance or alcohol abuse presents a danger to the child.

Mental Illness

A child should be protected from a parent who is mentally unstable and exhibits irrational and unpredictable behavior that may endanger the child.

Abandonment

Sometimes parents are unable or unwilling to take care of their child. If a parent has shown little or no interest in the child and has failed to maintain contact with the child, you may want to get sole custody in order to protect your child’s best interests.

Incarceration

If a parent is in prison. If you feel it would be in your child’s best interest, you may want to seek sole custody that will secure your custodial status now and offer the incarcerated parent reasonable (if appropriate) visitation in the future.

Relocation

When a parent plans on moving out of the state or country, some parents feel it would be better if one parent was granted sole custody.

If the parent seeking sole custody is doing so as the result of the other parent’s negligence, they should be aware that the court may still grant that parent supervised visitation. Something like this would ensure the child is safe while still allowing them to continue a relationship with the other parent.

Whether you are seeking sole custody of your child or you are fighting to retain joint custody, contact an attorney who will help you pursue the best option for your family.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

3 Ways Businesses Can Be Divided During or After a Divorce…

The division of property is based upon the state of residency. In the state of Kentucky, a court must divide all assets. While this distribution may not be equal, assets division will be handled with the upmost fairness. The following are a few ways a court will divide business assets in a divorce…

Buy-out Your Spouse

If the property is co-owned and there is negative energy that is hindering the spouses from remaining professional, one spouse might considering buying out the other’s half. This must be agreed upon by both parties.

Co-ownership

If the spouses are on good terms, they could continue to share the business after the divorce. If the business holds emotional value for both parties, they may commit to having a professional relationship even after their marriage has ended. If neither party wants to give up their share but they also do not get along, they might agree to one of them becoming a silent partner. Silent partners do not play a role in the day-to-day aspects of the business but they still contribute financially and benefit from the profits of the business.

Sell The Business

In the event that a buy-out or co-ownership are not feasible options, both parties can choose to sell the business in it’s entirety and divide the money evenly. This may seem simple but it can become complicated as it can come with its own share of problems. Sometimes one spouse will not agree to sell their half. It can also take some time to find a buyer based on the market for the particular type of business.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More