What rules apply to parties during the divorce process? Certain rules, duties, and responsibilities are placed upon former spouses as they work through the divorce process in Jefferson County or Louisville. From the moment the divorce petition is filed to the moment the Court issues final orders in your divorce case, you and your former spouse are under the purview (control and authority) of the Family Court.
The local rules work in conjunction with Kentucky law to protect each party’s ability to reach a fair and full resolution of all issues contained within the divorce settlement, including the division of marital property, child custody and visitation, child support, maintenance, as well as the division of a business interest or retirement interests.
Some of these rules include:
- Neither party may transfer, hide, sell, or dispose of any asset or property including real estate without the other party’s written consent or the permission of the Court. This does not cover some exceptions such as normal day-to-day expenses or the standard costs associated with operating an existing business. Our experienced attorneys can help to advise you in these distinctions and guide you through the process..
- If there are children, neither party can take the children and leave the area or the State of Kentucky or apply for a US passport for the child(ren) without the other party’s written permission or permission from the Court.
- Neither party may create or alter an instrument that transfers an asset upon death.
- Neither party may change, cash out, change the beneficiary/beneficiaries, or conceal any insurance coverage. This includes life, health, auto, home, renters or disability insurance. If changes are required you must obtain the other party’s written consent or an order from the Court to do so.
- In addition, the parties owe each other a “fiduciary duty of care” to act in the other’s best interests. These rules apply to spouses during the divorce and carry a heavy weight with our local Family Court. Violation of these orders or rules will result in severe consequences.
If you are thinking about or in the process of beginning a divorce in Louisville or Jefferson County, or you have attempted to file a divorce on your own and have become bogged down in the process or are at odds with an uncooperative spouse, we invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys. You will need to know what rules apply to the parties during the divorce process in Louisville and how to protect your interests.
