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.
We Help Clients With Divorces and Custody
Divorce is a life-changing event which leaves spouses with many questions and concerns. When going through a divorce you need an experienced and trusted attorney by your side to guide you through the process and protect your legal rights. > Learn More
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
Once the divorce is completed and a judgment entered, either or both spouses can appeal a trial court judge’s decision to a higher (“appellate” or “appeals”) court. Because of the deference given to the original judge, it is unusual, but not impossible, for an appeals court to overturn a judge’s decision in a divorce case. Settlement agreements usually cannot be overturned on appeal if both spouses agreed to the terms of the settlement unless there were problems with how the agreement was reached or other enforceability issues. The court places a great deal of faith in the judge’s final decision.
Valid Grounds for Appealing a Divorce Decree
The most common claim for appealing a divorce decree is that the court made a mistake regarding the law in the final judgment. The party filing the appeal must show that the judge made some kind of error or mistake in applying or interpreting the law regarding the circumstances of the case. Usually, a party cannot simply challenge facts that were already established during the original proceeding. If the facts have been established at the lower court, the appellate court will accept those as the facts of the case, unless something about those facts is a reflection of the mistake that the court made in applying the law. The person filing the appeal must show that the judge made an error in interpreting or applying the law to the case. The following are a few supporting grounds for a diverse appeal…
Instances of fraud committed by the opposing party in connection with the court proceedings.
Concealed or hidden assets of other important information by the other party didn’t divulge during the proceedings.
Discovery of new facts that could not otherwise be discovered during the original proceedings.
Example: Maybe the court failed to take into account a loss your business has suffered or miscalculated the worth of assets. Or perhaps inadmissible testimony was allowed or pertinent evidence was excluded in your case. Maybe the ex-spouse had a lover and was using community funds to buy gifts for this person. This could make the final judgment on income or alimony payment incorrect. The court is more likely to grant an apple based on any lawful errors committed by the original court.
Ways to Challenge a Divorce Decree Include…
Appeal – This is the “normal” avenue for challenging a divorce decree. It is also one of the most time-consuming. You usually have about 30 days to file an appeal after the final judgment has been issued, and the appeal must be based on the court’s mistake of law. In general, no new facts can be introduced on appeal.
Motion for Rehearing – A motion for rehearing is a very technical type of procedure that must be filed almost immediately after the judgment is issued. This does not guarantee your case will be reheard by a court and a judge must grant approval of the request.
Motion for Relief from Judgment – A motion for relief from judgment is only granted in limited circumstances, like if the other party committed fraud or concealed assets. Generally, this motion may be granted only in cases where something serious has occurred that affects the fairness of the decree.
If you are serious about appealing your divorce decree you must pay attention to the deadlines for completing the process. If you miss the deadline, you may miss your chance to appeal the decree. Talk to a local attorney as soon as possible about the various deadlines for motions and appeals to make sure you don’t lose your opportunity before you act on it.
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
In the state of Kentucky, the division of marital property is an important aspect of divorce proceedings. When a couple decides to end their marriage, the court is responsible for determining how the property, debts, and assets they acquired during the marriage will be divided. Kentucky follows the principle of equitable distribution, which means that property is divided fairly but not necessarily equally. This article will provide an in-depth understanding of how marital property is decided in a divorce in Kentucky.
Understanding Marital Property and Separate Property
To begin the process of dividing property in a divorce, it is essential to differentiate between marital property and separate property. Marital property refers to assets and debts acquired by either spouse during the marriage, while separate property includes property owned before the marriage or acquired during the marriage through gift or inheritance.
Examples of separate property include:
Property owned before marriage.
Inherited or gifted property received during the marriage.
Property sold during the marriage that was originally separate property.
Property defined as separate in a premarital agreement.
On the other hand, marital property includes:
All property acquired by either spouse during the marriage, such as retirement accounts, money, and real estate.
Property purchased during the marriage under a joint account, like real estate or automobiles.
Property that was separate but increased in value due to financial or labor-driven improvements during the marriage.
It’s important to note that separate and marital property can sometimes be mixed together, a situation referred to as “commingling.” Commingling can occur when couples combine their separate assets intentionally or unintentionally. In such cases, it can be challenging to determine the ownership of the commingled property, and legal assistance is often necessary to untangle the complexities.
The Division of Marital Property
In Kentucky, spouses have the option to divide their assets and debts through a separation agreement. This agreement allows them to negotiate the division of property without court intervention. However, the court still has the power to veto or modify the agreement if it deems it extremely unfair.
When spouses are unable to reach an agreement, the court will step in and determine the division of property. In making its decision, the court considers several factors, including:
Each spouse’s contribution to acquiring marital property, including the contributions of a stay-at-home spouse.
Each spouse’s circumstances, including the desirability of having the custodial spouse live in the family home with the children.
The length of the marriage.
The value of the property awarded to each spouse.
It’s important to remember that equitable distribution does not always mean a 50/50 split. The court aims to divide property fairly based on the unique circumstances of each case.
Dividing Debts in Kentucky
In addition to dividing assets, the court in Kentucky also handles the division of debts during a divorce. Debts such as medical bills, credit card debts, and mortgages need to be addressed to ensure a fair distribution of financial obligations.
When dividing debts, the court takes several factors into consideration, including:
The debts and liabilities of each spouse.
The economic circumstances of each spouse.
The basis underlying the debt, such as reckless spending or gambling debt.
It’s worth noting that even if the court orders one spouse to be solely responsible for a debt, creditors may still pursue the other spouse for payment. To protect themselves, individuals should use the court order to remove their name from the account associated with the debt whenever possible.
Divorce can be a challenging and emotionally charged process, especially when it comes to dividing marital property and debts. Understanding the laws and regulations governing property division in Kentucky is crucial to ensure a fair and equitable outcome. Whether spouses are able to reach an agreement on their own or require court intervention, seeking the guidance of a knowledgeable family law attorney can help navigate the complexities of property division and protect one’s rights and financial interests.
If you are considering a divorce or need assistance with property division, it is essential to consult with an experienced attorney who can provide personalized advice based on your unique situation. They can help you navigate the legal system and ensure that your rights are protected throughout the process.
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.
A divorce is one of the most stressful experiences in a person’s life. It is especially more challenging when children are involved. Children are often the unfortunate victims of a divorce. Usually, they don’t want their parents’ relationship to end. They are worried about what is going to happen to them. Will I have to move? What if Mom or Dad has a new boyfriend or girlfriend? What if they don’t like me? Can I somehow get my Mom and Dad to change their minds? Did I do something to make them get a divorce? Just remember to keep your behavior in check and do what’s best for them. It is often difficult but is very necessary. You want to foster a loving and healthy bond with your children even though you were not able to save your marriage. The following are several things you must not do to your children during divorce you do not want to unintentionally hurt your children.
Do Not Have Your Children “In The Middle” of the Divorce.
You shouldn’t question your child about the activities of the other spouse as a way of gaining ammunition against your “ex” or just because you’re prying. Ask your “ex” directly if you really want to know something. It puts your child in the middle and may make them feel they should lie to the other parent. Your children are not negotiating tools or bargaining chips that you can use to cause harm to your spouse. You should strive not to put them between you and the person you are divorcing. Do not expect your children to handle adult conversations, especially if they aren’t near to adulthood.
Do Not Put the Other Parent Down In Front of the Children
It is never a good idea to talk negatively about the other parent in front of the kids. This is a very difficult rule to follow as many divorcing people are hurt, bitter and angry and want to make sure their soon-to-be former spouse knows they feel this way. It is important not to threaten or antagonize the other parent and not to talk about your issues on social media as this information can be used against you. Just remember talking negatively about your spouse makes your child uncomfortable and sad.
Do Not Pit Them Against the Other Parent
If children are forced to choose sides, it can make co-parenting a complicated and difficult task and make the children feel guilty. Typically, kids benefit from the presence of both parents. They do not benefit—and indeed can be harmed—when one of their parents portrays the other in a relentlessly negative light. Similarly, they are often harmed by parents who fight their way through divorce and post-divorce/
Do Not Expect Children to Comfort You In Your Pain and Loneliness Over the Divorce
Having your children as your main source of emotional support is not healthy for them. You should be the one comforting them during the divorce. Just remember when it comes to your kids, you must always be selfless. You might be divorced and in the process of a lifestyle change but your children will always be connected to you and your ex-spouse.
Don’t Forget to Spend Quality Time With Your Children
Children need love and attention no matter what is happening with their parents. They should not be pushed aside because someone is having issues in their marriage. This is a good time to do something special with the kids. It may be hard to find the extra money, but there are some inexpensive trips that can be arranged or a small party can be planned. Don’t become so consumed with what is happening to you that you have no time to spend with your children. They really need you now.
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
Marriages can end when one member of the couple discovers that the other has had an adulterous relationship. How important is the impact of the extra-marital relationship on the divorce itself? Legally, the answer varies from state to state, In Kentucky we have a no-fault state when it comes to divorce, so there are no “divorce consequences” to the act of adultery. The larger question to ask is… did the adulterer use marital assets to support the extra-marital relationship?
When Marital Assets Are Used To Support The Extra-Marital Relationship
These days, adultery rarely has much of an impact on the distribution of assets — except in cases where one spouse has used marital assets to support the extra-marital relationship. For example, if a husband borrows against a marital asset in order to support his mistress, that fact would likely be taken into account in distributing the assets of the marriage. Adultery will not typically affect if a spouse will receive alimony or spousal support, but it may affect how much.
Marital Misconduct and Alimony
While we are a no fault divorce state in Kentucky, meaning you don’t have to have a reason to get divorced, a spouses marital misconduct is considered when it comes to alimony. Misconduct will not affect child custody, or division of assets, it may affect the amount of alimony awarded. If you are the one that was adulterous and also the one that is supposed to receive alimony the judge may award less based on marital misconduct. However if you are the person receiving marital maintenance and your spouse cheated, you may be awarded more. Usually this is case by case situation and not the common outcome.
Always Consult an Experience Divorce Lawyer
For your own benefit, you should consult a qualified lawyer to address your concerns more appropriately. Divorce Lawyers realize divorce is stressful and emotional and they want to help you move through it as swiftly and painlessly as possible. Your best bet is to seek your revenge through being happy without your ex and let his or her conduct find its own punishment without you.
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
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. >> Learn More
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…
Your employer can cover you
You can sign up for your state’s health care exchange under the Affordable Care Act
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
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
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
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
