Are you considering a divorce in Louisville? What are some of the things you need to know about a divorce and what to expect?
The first and most important thing to understand about divorce is the cost of your divorce and the time it takes to complete are directly tied to the amount of disagreement between you and your spouse and your ability to work through disagreements to reach a settlement. Every issue associated with your divorce including child custody and visitation, property and retirement division, the disposition of a business or professional practice and/or issues such as maintenance must be completely resolved or decided by the Court before your divorce can and will be finalized.
Divorce is rarely an “all or nothing” process, and you need to know not only what you can’t live without but what you might be willing to let go of during negotiations or mediation. It is also helpful to think through the things you think will be important to your spouse. This information will help to inform strategy prior to filing and as you move through your divorce.
If you are considering a divorce in Louisville these are a few of the legal basics:
Kentucky does not require “grounds” for a divorce. The divorce will either be based upon an “irretrievable breakdown” of the marriage or the permanent legal incapacity of your spouse which affects their ability to make decisions.
You and/or your spouse must reside in Kentucky immediately prior to filing for at least six months (180 days).
Kentucky is a “marital property” state which means (with few exceptions) any asset or debt acquired by either or both of the spouses from the date of the marriage to the date of separation is usually characterized as marital property regardless of who is on title or named on the account. Marital property including equity in the family home and marital property balances in any retirement account(s) is to be divided in an equitable manner between the two parties.
The party who files for the divorce must pay some mandatory fees at the time of the filling and is known as the “petitioner.” The divorce papers must be served to the other party (the “respondent) will have 30 days to respond to the petition. Failure to respond should never be an option. In the event of a failure to respond the petitioner can ask the Court for a default judgment and the Judge could decide the case based upon the requests of the petitioner. It is never in the interests of the “respondent” not to respond to the divorce papers.
If you are considering a divorce in Louisville you need the experienced, proven advice and counsel of the divorce and family law attorneys at Dodd & Dodd. Draw upon our decades of experience and discover how pre-planning your divorce can actually put you in the best position possible to accomplish your goals and objectives.
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
