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Bates Law Office Kentucky

How Can I Protect Myself Financially While My Divorce Is Pending? Is It Possibly Get Temporary Spousal Support In Kentucky?

Kentucky does sometimes award what is called spousal maintenance. However, the requirements in order to receive this maintenance can be quite stringent. A divorce law attorney in Elizabethtown, KY can help you prove that you have an inability to support yourself without any spousal maintenance. It is much more likely that spousal maintenance will be ordered if you find yourself in one of the following situations:

  • Your spouse has been convicted for domestic violence at least once during the course of your marriage.
  • You are unable to support yourself primarily because of a physical or mental disability on the part of yourself or your child.

The length of time that spousal maintenance will be required to be paid depends mostly on the length of your marriage. Anytime that you face legal issues with the people in your life, such as divorce, separation, child custody, spousal support, adoption, parental rights, or child support, it is imperative to use the services of a family law attorney in Hardin County, KY. These issues are delicate, time sensitive, emotional, and of the utmost importance in your daily life. You will not regret investing in a qualified legal representative.

Bates Law Kentucky proudly serves the entire state of Kentucky in matters of criminal defense, family law, and personal injury.

What Is The Process Of How A “Typical” Divorce Would Proceed In Kentucky?

The process for divorce starts with making the decision to actually file for divorce. This is an important step as you likely want to be sure a divorce is what you want before you file. Once the decision is made, you then file a petition. There is typically a court fee for that. Once the petition is filed, then the other side has the chance to respond within 20 days. If there’s another attorney on the other side, then the petitioning attorney and the other attorney would start to discuss the case. They’ll look to see if there is any common ground, and if it is something that can be worked out. Obviously, divorce is complicated. In divorce, the issues can include assets that are in contest, child support, visitation, and custody. All of those things make the situation more complicated.

There are various motions that can be filed at that time. Status quo is one of them that I like to file. It basically tells the other side that they cannot dispose of any marital property. For instance, if there is a joint bank account, then they shouldn’t be going out to use that money to buy a new car. That money needs to sit there until we are able to divide the money and decide who’s getting what. And so, that motion can prevent the spouses from disposing of jewelry or other assets. In certain circumstances, it becomes a big deal. But, there are other motions that can be filed. A lot of times, you can file a preliminary statement of assets.

Then, there’s a period of time that is spent in negotiating. If you can’t resolve it before mediation, then you’re going to go to mediation. You don’t have to accept whatever is done through mediation, but you do have to attempt to try to resolve your case. If you still are not able to resolve your case in mediation, then there’s typically more discovery in which you have to disclose witnesses and evidence. Then, you can have your trial…Read More

Which Party Generally Has To Pay Alimony Or Spousal Support In A Divorce In Kentucky?

In Kentucky, alimony is called maintenance, and you actually now see less cases for maintenance. If one side gets majority custody of the children, they are going to possibly be looking at getting some sort of child support. But as for maintenance, there usually has to be a strong disparity in income for maintenance to be awarded. In my experience, maintenance is something that coincides with a period of time. For instance, if someone was married to their spouse for a very long time and supported them by helping them get to a level where they achieved a strong income, by doing so they could have caused detriment to themselves. As a result, you may be looking at a really long period of time for maintenance. However, in most circumstances, maintenance is granted to help the other person get to a point where they can be self-sufficient. So, you don’t necessarily see lifetime maintenance, but you’ll see someone get two, three, or five years. And, that’s usually because one spouse has forgone schooling and/or a career. Maintenance is designed to give them a jumpstart so that they can build themselves up again. However, that still depends upon the disparity in income. If one spouse is making millions while the other side has zero prospects and does not have the ability to make very much money at all, then maintenance is more likely and it’s going to most likely be awarded for a long time…Read More

Eric Bates, Esq.

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