DIVORCE

First appointment free. No obligation. All inquiries confidential.

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If you have lived in Kentucky for the last 180 days (six months) you are eligible to be divorced. Your spouse (husband or wife) cannot stop you.

There are two main types of divorce: uncontested and contested.

• UNCONTESTED DIVORCE
  Your divorce is uncontested if you and your spouse have agreed to everything including:
  1. To get divorced,
  2. Custody and visitation rights,
  3. Child support,
  4. Who gets what property,
  5. Who pays which debts,
  

  Call for current prices.
  The total amount is not required to start. The balance is due before your case is set for hearing.

• CONTESTED DIVORCE
  Your divorce is contested if you disagree on any of the above matters or if your divorce requires a court appearance, service, or work not performed in a routine uncontested divorce.

  Call for current prices.
  There is a minimum required to start.
  All other services will be billed at the hourly rate.
  Please call 270-754-5502 for your FREE appointment.

  ALL APPOINTMENTS ARE CONFIDENTIAL AND WITHOUT OBLIGATION

COMMON TERMS

• Non-Marital Property
  
• Marital Property
  
• Child Custody
  
• Visitation
  
• Child Support
  
• Maintenance
  
• Temporary Arrangements
  

NON-MARITAL PROPERTY

1. Property that is owned before you marry, including money that has changed formed. For example if you had $5,000 before you married and after you were married, you used the money to purchase a car that you still have, the car would be non-marital property.
2. Property that is not acquired through the efforts of either partner to the marriage is non-marital property. For example, property inherited by the husband during the marriage would be non-marital property.

MARITAL PROPERTY

Any property acquired through the efforts of either of the partners in the marriage during the marriage. Thus, any property earned or even won during the marriage is marital property.

CHILD CUSTODY

The Court may award the custody of the children to either spouse if that spouse is a fit person to have custody. The law requires that neither the husband or wife be given a special preference. But in actuality, the wife has the upper hand, if she is a fit parent, and is likely to be awarded custody.

VISITATION

The non-custodial parent is usually entitled to visitation with the children. A parent must be very unfit to prevent visitation. Only in the most extreme cases will visitation not be awarded. On a few rare occasions, visitation may be supervised if the children are very small or supervision appears to be a good idea to the Court. The Court has adopted a visitation Rules and Regulations as a guideline. In addition a parent might be allowed to see the child one afternoon a week after school and every other holiday of the seven major holidays and a couple of weeks during the summer.

CHILD SUPPORT

The non-custodial parent must pay child support to the custodial parent. Child support is based upon a table that considers the income of each of the parents and the number of children. In addition, the Court may order the non-custodial parent to pay all or part of the child's medical expenses.

MAINTENANCE

The Court may award maintenance to a spouse who is unable to support herself or himself. The property and income of each spouse, whether the custodial parent is unable to work due to having small children, the education and training and especially the length of the marriage is considered in awarding maintenance. Most awards of maintenance are for a short time. However, maintenance can be awarded permanently if the health and age of the person awarded maintenance prevents the person from working and if the marriage is of long standing. A spouse who has spent many years raising children and maintaning a home so that she can no longer obtain employment is the sort of case in which permanent maintenance is awarded.

TEMPORARY ARRANGEMENTS

The Court may award custody, visitation, support, and maintenance temporarily until the entire case is decided. You may hear the term "Pendente lite" in regard to temporary support, custody, etc. This means that during the pendency of the action or while the lawsuit is going on.

Early in the divorce there may be a hearing to see who gets to drive which vehicle, who lives in the marital residence, who has custody of the children. As a general rule, the parent who has possession of the children is entitled the residence. Having obtained temporary custody or possession of property, the person is a step ahead in obtaining permanent custody or possession.

Please call 270-754-5502 for your FREE appointment.

ALL APPOINTMENTS ARE CONFIDENTIAL AND WITHOUT OBLIGATION.

All Information and Design
Al Miller © 1990-2004
webmaster@almillerlaw.com
No copying, re-printing or use without written authorization.

This website is for informational purposes only. The law is too complicated to be fully explained in any website. The law must be applied to the particular circumstances at hand. All information is based on Kentucky law.

DO NOT use this website as a substitute for a lawyer. Consult a lawyer of your choosing. We hope you will choose us.

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