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Northern
Kentucky Divorce/Dissolution Information
And Frequently Asked Questions(FAQ's)
Jump to Frequently Asked Questions (FAQ's)
Divorce
and Family Law Information and Statutes for Northern Kentucky
Grounds for Divorce in
Northern Kentucky
The only ground upon which divorce is granted in Kentucky is
an irretrievable breakdown of the marriage of which there is no
reasonable prospect of reconciliation. KRS 403.170
Residency requirements for Divorce
At least one of the parties to the divorce action must have resided in
Kentucky for at least one hundred and eighty (180) days prior
to the commencement of the action. KRS 403.140
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Procedure Commencement of action, pleadings,
abolition of any existing defenses:
(1) All proceedings under this chapter are commenced in the manner
provided by the Kentucky Rules of Civil Procedure.
(2) The verified petition in a proceeding for dissolution of marriage
or legal separation shall allege and state a marriage is irretrievably
broken and shall set forth:
(a) The ages, occupations, Social Security numbers, and residence of
each party and both parties length of residence in this state.
If domestic violence and abuse, as defined in KRS 403.720, is alleged
by either party, the party filing the petition shall certify the
existence and status of any domestic violence protective orders (DVPO).
The party filing the petition and alleging the abuse may use the
party's attorney's address as the address of the party and any minor
children - instead of their own;
(b) The date of the marriage and the location at which it was
registered;
(c) That the parties are separated and the date the parties
separated;
(d) The names, ages, Social Security numbers, and addresses of any
living infant children of the marriage, and whether the wife is
pregnant;
(e) Any arrangements as to current custody, visitation, and support of
the children and the maintenance of a spouse; and,
(f) The relief sought by the party.
(3) Either party, or both, may initiate the proceeding.
(4) If a proceeding is begun by one of the parties, the other party
must be served in the manner provided by the Rules of Civil Procedure
and can file a verified response.
(5) Previously existing defenses to divorce and legal separation,
including but not limited to condonation, connivance, collusion,
recrimination, insanity, and lapse of time, are abolished.
(6) The court may join additional parties proper for the exercise of
its authority to implement this chapter.
(7) When the wife is pregnant at the time the petition is filed, the
court may continue the case until the pregnancy is terminated or the
child is born.
KRS 403.150, 403.140
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Where to file
The petition for dissolution of marriage may be filed in the county of
residence for either spouse. KRS 403.140
Waiting period
Kentucky law provides that no divorce shall be issued until
the parties have lived separate and apart for sixty (60) days. Living
separate and apart can mean that the parties share the same residence,
as long as they do not have sexual relations with each other during
that period of time.
In divorce actions where there are minor children of the marriage, no
testimony other than on temporary motions shall be taken or heard
before sixty days have elapsed from the date of service of the summons,
the appointment of a warning order attorney, or the filing of an entry
of appearance or responsive pleading by the defendant, whichever occurs
first. KRS 403.170
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Separation agreements
Kentucky permits the parties to have written
separation agreements in order to promote amicable settlements of
disputes. Such agreements may contain provisions for the maintenance of
either spouse, disposition of any property owned by either of them, and
custody, support and visitation issues regarding their children. The
terms of such an agreement are binding on both parties and the court,
unless the court finds that the agreement is unconscionable, in which
case the court may request the parties to submit a revised separation
agreement or make its own orders regarding those issues. KRS
403.180
Legal separation
The court may render a decree of divorce from bed and board for any
grounds that a decree of dissolution of marriage may be issued or for
any other cause the court deems relevent. KRS 403.050,
403.140
Reconciliation requirements
If one party to the divorce action denies under oath that the marriage
is irretrievably broken, the court may make a finding that the marriage
is irretrievably broken or continue the case for further hearing not
fewer than thirty (30) days or more than sixty (60) days later. KRS
403.170
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Maintenance/Alimony/Spousal Support
The court may award temporary or permanent maintenance to either spouse
upon a showing that: the spouse seeking maintenance lacks sufficient
property to provide for his/her reasonable needs; and is unable to
support him/herself through appropriate employment, or is the custodian
of a child whose condition is such that seeking employment would not be
appropriate.
Factors the court will consider in determining the amount and duration
of the award of support include such things as the financial resources
of the party seeking support; the time necessary to acquire sufficient
education or training to enable the person seeking support to find
appropriate employment; the standard of living established during the
marriage; the duration of the marriage; the age, physical and emotional
condition of the spouse seeking support, and; the ability of the payor
spouse to meet his needs while meeting the needs of the spouse seeking
support. KRS 403.200
Unless otherwise agreed in writing
or expressly provided for in the decree, the obligation to pay support
terminates upon the death of either spouse or the remarriage of the
party receiving support.
KRS 403.190
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Distribution of property
In an action for dissolution of marriage, the court will first set
aside to each spouse that spouse's separate property. The court will
then distribute the marital property following the principles of
equitable distribution. Equitable distribution means that the court
will divide the property in a manner that it deems fair and just to
both parties, taking into consideration such factors as: the
contribution of each spouse to the acquisition of the marital property;
the value of the property set aside to each spouse; the duration of the
marriage and; the economic circumstances of each spouse when the
division of property becomes effective.
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Child custody
The court will determine custody based upon the best interests of the
child. Equal consideration of each spouse will be given in making the
custody determination. Some of the factors the court will consider in
making the custody determination include: the wishes of the child; the
interaction of the child with his parents and siblings; the child's
adjustment to his home, school and community, and; the mental and
physical health of all parties concerned.
The court may interview the child in chambers regarding the child's
wishes as to his custodian or visitation, and the court may seek the
advice of a profession to assist the court in reaching a decision on
those issues. If the custody proceeding is contested, the court may
order a custodial investigation and report concerning custodial
arrangements for the child and/or appoint a guardian ad litem to assist
the court in determining the best interest of the child(ren).
A parent not granted custody of the child is entitled to reasonable
visitation rights unless the court makes a specific finding that such
visitation would not be in the child's best interests.
No custody decree may be modified any earlier than two (2) years after
its date, unless the court finds that the child's present environment
may seriously endanger his physical, mental or emotional health or the
child has been placed with a de facto custodian. The party seeking to
modify the custody decree must submit to the court an affidavit setting
forth the facts supporting the modification and must provide notice to
the opposing party. KRS 403.270
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Child support
Kentucky has established child support guidelines
which serve as the presumed correct amount of support to be paid.
Courts may deviate from these guidelines only upon a specific showing
that the application of the guidelines would be unjust or
inappropriate. Any deviation from the guidelines must include a
specific written finding stating the reason for the deviation. The
obligation to provide child support shall terminate upon the
emancipation of the minor child unless the child is eighteen (18) years
old and still in high school. If the child turns eighteen (18) while
still in high school, the support obligation shall continue until the
completion of the school year in which the child turns nineteen (19)
years old.
If health care coverage is reasonable and available, the court shall
allocate between the parties, in proportion to their adjusted gross
income, the cost of health care coverage for the child. If coverage is
not reasonable and available, the court shall order that such coverage
be provided at the time it becomes reasonable and available.
All court orders of child support shall include the Social Security
numbers of all parties subject to the support order.
A child support award may only be modified upon a showing of a material
change of circumstances which would result in a fifteen percent (15%)
change in the amount of support paid. KRS 403.211,
403.212
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Name change
Upon request by the wife whose marriage has been dissolved and if there
are no children of the marriage, the court may order that her maiden or
former name be restored. KRS 403.230
Annulment
A legal annulment is statutorily defined and must be based on one of
the following grounds: (1) lack of capacity to consent (due to mental
incapacity, incapacity due to alcohol or drugs, or mental deformity),
(2) force, fraud and duress; (3) physical incapacity unknown to other;
(4) prohibited marriage (incestuous/bigamy). Additionally,
annulments other than prohibited marriages must be filed within 90 days
of marriage. Prohibited marriages must be filed within 1 year
of marriage. KRS 403.120
Family Court Information:
There are numerous Family Courts covering certain Counties by act of
the legislature. In these Counties, the Family Court, as a division of
the Circuit Court, handles dissolutions.
Divorce
and Family Law Frequently Asked Questions (FAQ'S)
In an agency adoption, the prospective adoptive parents
contact an adoption agency to start the process, and the agency acts as
an intermediary between the adoptive parents and the birth parents,
matching them up and guiding them through all of the necessary hurdles
to finalization.
In an independent adoption, the birth parents and
adoptive parents locate each other and work together independently to
accomplish the adoption without the benefit of any agency involvement,
although typically a lawyer is hired to make sure that all legal
requirements are met.
Each type of adoption process has its advantages and
disadvantages. Using an agency can be beneficial, for example, because
agencies are in the business of locating children and matching them
with parents, and they are familiar with all of the requirements, which
can be overwhelming to prospective parents and birth parents alike.
In
international adoptions, especially, it can be advantageous to have
someone who knows the ropes intercede on the prospective parents'
behalf. Agencies can also provide counseling and other support services
to the birth and adoptive families, both before and after the adoption.
Some agencies have selection criteria that may screen out certain
prospective parents, and waiting times can be very long.
Independent adoptions may allow prospective adoptive and
birth parents more control over the adoption process. All parties may
have a greater opportunity to get to know and "select" each other.
Adoptive parents may be able to circumvent an agency's selection
criteria and shorten the waiting time by going the independent route.
On the other hand, birth parents may not receive counseling in an
independent adoption, which could lead to greater uncertainty and even
the possibility of a change of heart. Additionally, independent
adoptions are not legal in all states, so it is essential to check
applicable state laws before choosing this option.
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The obligation of spouses to support each other does not
necessarily terminate when they divorce. If the divorce will leave one
spouse with very little income and the other with enough to contribute
to the low-income spouse's support, the court will usually award
alimony, at least temporarily.
Although historically spousal maintenance was typically
awarded to homemaker wives, to be paid by breadwinning husbands, that
is no longer always the case.
Now, either spouse may be awarded alimony
if the other has the more substantial income and the recipient spouse's
income is insufficient to support him or her at the level to which the
spouses were accustomed during the marriage.
Spousal support is often awarded in cases in which one
spouse has put his or her education or career on hold in order to raise
the parties' children while the other climbed the career ladder and
achieved a higher income. In such cases, the alimony will often be
temporary, providing income for the period of time that will enable the
recipient spouse to become self-supporting.
This temporary, or
rehabilitative, spousal support enables the spouse receiving it to
further his or her education, reestablish himself or herself in a
former career, or complete childrearing responsibilities, after which
time he or she can be self-sufficient. If one spouse is unable to get a
job paying a sufficient wage, however, due perhaps to health or
advanced age, the support award may be permanent.
The amount and duration of alimony depends on several
factors, including:
- The length of the marriage;
- The age of each spouse;
- The health of each spouse;
- The ability of each spouse to be self-supporting,
including a consideration of responsibilities to the parties' minor
children, if any;
- The income of the primary breadwinner; and
- Standard of living the parties enjoyed during the
marriage.
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Each state has developed guidelines that help establish
the amount of child support that must be paid. The guidelines vary
significantly from state to state, but they are all generally based on
the parents' incomes and expenses and the needs of the children.
In
some states, the guidelines allow judges greater discretion in
determining the amount of child support that must be paid, but in other
states any variance from the guidelines must be carefully justified or
it can be readily overturned on appeal. Often, the guidelines are set
out in a chart-type format that calculates the child support amount as
a percentage of the paying parent's income that increases as the number
of children being supported rises. It is important to remember,
however, that the guidelines are just that - guidelines - and they are
not fixed amounts that must be applied under any and all circumstances.
Judges are free to deviate from the guidelines when there are good
reasons to do so. If, for instance, one party or a child has higher
than average expenses, the amount can vary. Or if the court determines
that the paying parent is voluntarily earning less than he or she could
for the purpose of minimizing the child support obligation, the judge
can calculate the amount of child support based on what the payer is
capable of earning.
Despite the variations from state to state, there are
some general factors that are almost universally considered by judges
issuing child support orders, including
- The child's standard of living before the parents'
separation or divorce;
- The paying parent's ability to pay;
- The custodial parent's needs and income; and
- The needs of the child or children, including
educational costs, daycare expenses, and medical expenses, such as for
health insurance or special health care needs.
Judges will often review a financial statement completed
by each parent that lists all sources and amounts of income and expense
before issuing an order. If any of the listed items changes
significantly, either parent may go back to court and ask for an
increase or decrease in the amount of child support ordered.
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The amount of child support is modifiable under certain
circumstances and through a variety of methods. The simplest method is
for the parents to agree to a change, but the court must approve even
an agreed-upon change in order to be enforceable.
Example: If the payer
parent loses his job and asks the custodial parent if he can go a few
months without paying support until he has a new job, the custodial
parent may voluntarily agree to this modification. If, however, she
later decides that she wants to collect the amount of support that went
unpaid during that temporary period, the court might support her if it
never formally approved the change.
When there is no voluntary agreement, the party seeking
the change must request a court hearing at which each side will
present, usually through counsel, the reasons supporting and opposing
the modification. The court usually will not grant the request unless
there has been some fairly significant change in circumstances that
justifies the change, such as a significant increase in either parent's
income through a remarriage or job change or a substantial change in
the needs of the child.
Changes in the child support laws, too, may
justify a change in previously issued orders. Also, under certain
circumstances, an increase in the cost of living can warrant an upward
modification of child support, but generally these periodic increases
can be provided for in the original order so that the parties do not
need to make repeated court appearances each time there is a
significant change in the cost of living.
Other anticipated changes that can be provided for in
the original child support order include a reduction upon the
emancipation of each child, an increase when a child enters college, or
any other change based on an event that the parties anticipate and that
will have an impact on need or ability to pay.
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Under the Revised Uniform Reciprocal Enforcement of
Support Act (RURESA), an order for support issued by the family court
in one state will be enforced by the family court in another state to
which the paying parent moves if certain conditions are met. Under
RURESA, the custodial parent has two options for how to proceed to
collect support.
Under the first option, the custodial parent who
receives the support must register the order for support in the county
where the payer parent now lives. The family court in that county can
provide information on the proper registration procedure.
That court
will then move to enforce the order and make the non-custodial parent
pay. The payer parent can, however, go to court in his or her new home
state and argue that the child support amount should be modified
downward, and if he or she is successful, the child's home-state court
is stuck with the reduced amount.
A newer interstate support act called
the Uniform Interstate Family Support Act, which has been adopted in
some states, does not allow the court in the new home state to modify
the original court's support order.
Alternatively, the custodial parent can go to the family
court in his or her home state to commence an action to enforce the
support award issued by that court. The enforcement agency that serves
that court will then notify the payer's new home state so that
enforcement actions, such as wage withholding, can be implemented
there.
Under this method, the payer cannot get the award modified in
his or her new home state. The new state's court can, however,
determine that the amount of child support ordered is too high and
require that only a portion of it be paid, but the original state does
not have to accept the reduced amount. The payer remains liable for the
full amount as originally ordered, and if he or she fails to pay it,
the original state may issue an arrest warrant, and the delinquency can
show up on the payer's credit report.
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Every parent has the duty to provide his or her children
with the basic necessities of life, including food, clothing, and
shelter. This duty usually terminates when the child is emancipated,
which generally occurs at the age of eighteen, when the child graduates
from high school, when the child enters the military, or when the child
marries, but the support obligation can extend beyond that point if the
child is unable to support himself or herself and would become a public
obligation without familial support.
The law generally does not dictate
the level of support that is provided when the children live with both
parents, but when, through divorce or other circumstances, the child is
living with one parent, there are strict rules about the amount of
financial support provided by the non-custodial parent.
In most instances, parents also have the responsibility
to provide necessary medical care for their children. If parents refuse
life-saving medical treatment for their children, the state may
intervene against the parents' wishes, even if they made their decision
on religious grounds.
Parents must also make sure that their children meet
school attendance requirements. They do, however, have the right to
decide whether the child's education will be in a public school, a
private school, or through home schooling.
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When the parents cannot agree on a custody arrangement,
the court will make the decision for them after considering the
totality of the circumstances, with the overriding consideration being
the child's best interests. To make that determination, the court
considers:
- The child's age;
- The child's gender;
- The child's physical and mental health;
- The parents' physical and mental health;
- The parents' lifestyles;
- Any history of abuse;
- The emotional bonds between the parent and the child;
- The parent's ability to give the child guidance;
- The parent's ability to provide the basic
necessities, such as food, shelter, clothing, and medical care;
- The child's routines, including home, school,
community, and religious;
- The willingness of the parent to encourage a healthy,
on-going relationship between the child and the other parent; and
- If the child is above a certain age, the child's
preference.
In many cases, a consideration of these factors results
in awarding custody to the parent who has been the child's primary
caretaker. Although this is often the child's mother, any preference
for the mother strictly on a gender basis is outmoded.
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Although some divorces are very simple and can be
handled with a minimum amount of red tape and delay (such as when there
is no significant property involved and the couple has no children)
most divorces are far more difficult and can take many different
courses. The following is a basic outline of the divorce process.
- One spouse contacts a lawyer, who assists in the
preparation of a complaint, the legal document that sets forth the
reasons why the divorce should be granted and outlines the relief
sought.
- The complaint is filed with the court and served on
the other spouse, together with a summons that requires that spouse's
response.
- The served spouse must respond within the time limit
prescribed or it will be assumed that he or she does not contest the
petition, in which case the petitioner will be granted the requested
relief. The response, or answer, must set forth the relief that the
answering spouse requests.
- The parties, through their attorneys, engage in
"discovery," during which they exchange all documents and other
information relevant to deciding the issues in the divorce such as
property division, spousal support, child support, etc.
- The parties may attempt to reach a settlement based
on the full disclosure to each other of all relevant information. The
settlement process can be initiated voluntarily or facilitated by the
parties' lawyers or a neutral third party, such as a mediator.
- If a settlement is reached, the agreement
encompassing the terms of the settlement is submitted to the court.
- If the judge approves the agreement, he or she issues
a divorce decree that includes the terms to which the parties agreed.
If he or she does not approve it, or if there has been no agreement,
the case will go to trial.
- At trial, the attorneys present the evidence and
arguments for both sides, and the judge decides the unresolved issues,
including child custody and visitation, child and spousal support, and
property division, and grants the divorce.
- Either or both parties can appeal the judge's
decision to a higher court.
The entire process can take from as little as a few
months to as long as several years. The main determinant of how
smoothly the process will go is the level of cooperation between the
parties and their willingness to compromise.
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The parties in a divorce can agree to the division of
(or the judge will divide) all marital or community property owned by
the parties.
Generally speaking, this includes most of the property the
couple acquired during the marriage, including the marital home; a
second or vacation home; home furnishings and appliances; artwork;
vehicles, including cars, boats, airplanes, snowmobiles, and
motorcycles; money; stocks, bonds, and other investments; pensions; and
privately owned businesses.
The value of other, more intangible property is also
often divided. Examples of divisible intangible property include the
value of a patent on an invention, the value of the celebrity status of
a spouse's name, the goodwill value of a business owned by one spouse,
and the value of a professional degree earned by one spouse.
The value
of these intangible assets will generally only be divided when both
spouses made a substantial contribution to that value, either directly
or indirectly, such as by supporting the spouse to whom the asset is
more directly attributable.
It is not always easy for a spouse to identify all of
the assets that may be available for valuation and division, especially
if the other spouse is less than forthcoming with the details. This is
where the parties' lawyers can help. Through the legal process known as
discovery, the parties' attorneys exchange documents that reveal each
party's income, assets, and liabilities.
Documents such as tax returns,
personal financial statements, bank account statements, brokerage house
records, real estate records, loan applications, and business records
usually give a clear indication of each party's financial situation. In
addition, each spouse is usually deposed by the other spouse's
attorney. At the deposition, the questioned spouse will respond, under
oath, to questions designed to gather all necessary information about
his or her assets and income.
If necessary, additional parties may be deposed, such as
employers, bankers, or business partners. If these additional witnesses
do not come forth willingly, their presence can be compelled through
the issuance of a subpoena, which is an official legal document that
commands their participation.
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In most states, whether they follow a community-property
or equitable-distribution scheme, the property that each spouse owned
before the marriage, as well as property given to or inherited by one
spouse during the marriage, usually remains that spouse's separate
property. It may, however, be considered as part of the total
circumstances in determining a fair allocation of the marital property.
In addition, if non-marital property is not kept
separate from marital property, it may lose its separate
characterization and become subject to division.
Example:
If one spouse had a bank account containing $5,000 before the marriage,
but during the marriage the spouses both made deposits and withdrawals
from the same account, the amount in the account at the time of divorce
or separation will probably be deemed marital property, to be divided
between the husband and wife. If, on the other hand, the spouse with
the $5,000 account deposits only other non-marital money, such as
inheritances to him or her alone, in the account throughout the
marriage, all the money in the account will probably remain with that
spouse upon divorce.
A house owned by one spouse prior to marriage presents
unique issues, because often both spouses contribute to the home's
maintenance and mortgage payments during their marriage. In some
states, this commingling of marital and non-marital assets converts the
home to marital property.
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A separation agreement may be most advisable when the
parties have very different financial situations, such as when one
spouse is the wage-earner and the other is raising the couple's
children. A formal separation agreement can help ensure that all family
members' needs will be met.
An attorney can make sure that a separation agreement
covers all necessary details and complies with applicable law. Although
it may seem like a good idea to save money by having one lawyer draft
or review the agreement, it is really in each party's best interests to
be separately represented, so that each lawyer can draft or review the
separation agreement with his or her client's needs in mind. The terms
of such agreements will vary, depending on the needs of the particular
parties involved, but the following items should be addressed:
- The spouses' right to live separately;
- Custody of the children;
- A visitation schedule, or a provision for reasonable
visitation;
- Child support;
- Alimony or spousal support;
- The children's expenses, including medical, dental,
educational, and recreational;
- Property and debt division;
- Insurance, including medical, dental, and life; and
- Income taxes.
As with pre-marital agreements, a separation agreement
may be unenforceable if either party failed to make a full disclosure
or coerced the other to enter into it. If and when the parties
officially file for divorce, the separation agreement's terms will be
incorporated into a settlement agreement.
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The laws relating to families have changed dramatically
since the 1970s as judges and legislators have reexamined and redefined
the legal issues involved in divorces, child custody disputes, child
support, domestic violence, and other family law matters.
Family law
has become entangled in national debates over family structure, gender
bias, and morality. Few legal areas are as emotionally charged as
family law, primarily for the litigants, but also for the lawyers and
judges involved in the cases and even the public at large. Despite the
changes already made by courts and legislatures, family law remains a
contentious and ever-changing area of law, which will continue to
evolve as families and society evolve.
The division of marital property has also changed in
recent years, so that now each spouse is given a more equitable share
of the property upon divorce. One change that demonstrates this
phenomenon is the recognition of the homemaker spouse's contributions
to the accumulation of marital property.
For example, whereas once the
husband who developed and grew his own business while his "nonworking"
wife stayed home would walk away from the marriage with all of the
business assets, courts now award a significant portion of the business
assets to the wife, who enabled that business growth by taking care of
the home and children, and by entertaining business clients and
associates. On the other hand, homemaker spouses are not considered as
dependent as they once were, and as a result alimony, if awarded at
all, is now often temporary, with the thought that after a period of
"rehabilitation" these spouses can become self-sufficient.
Issues such as child custody, too, have evolved in the
courts as cultural and societal attitudes have changed. Mothers may
have been favored in many custody disputes of the past, but fathers are
given much more consideration than in the past.
Custody battles, while
always difficult and emotional, have become even more complicated as
reproductive technology has increased the ways in which people can
become parents. Family law lawyers and judges are faced with new,
difficult, and sensitive questions such as who gets custody of
fertilized embryos when a couple that was involved in
infertility/assisted-reproduction treatments separates.
Surrogate
parenting, too, presents heart-wrenching custody issues when the
surrogate fails to abide by the surrogacy contract or wants visitation
with the child. Equally difficult issues can arise when sperm or egg
donors make some claim to their genetic offspring. These issues involve
questions relating not only to custody laws, but also to those
involving adoption, children's rights, and paternity. And as technology
advances, the law will be presented with an even greater challenge to
keep pace.
Another major change in Northern Kentucky Family law in
recent years is
the recognition that many family disputes can be resolved more
expediently and in a less acrimonious manner than through the
traditional litigation process. In divorce and child custody cases in
particular, the adversarial process has increased tensions between the
parties that do not abate even when the process is complete. As a
result, many states have begun to explore other, non-adversarial
alternatives, such as mandatory mediation, which can save time and
money and preserve relationships to the extent possible.
Northern Kentucky Family law lawyers can provide
valuable counsel and
objective representation in what can be emotionally charged situations.
Their experience may focus on a particular area, or may include several
or even all of the following family law issues.
Adoption is a legally recognized
way of forming a family. Adoption options include international
adoptions, domestic adoptions, agency adoptions, independent or
private-placement adoptions, stepparent adoptions, blood-relative
adoptions, surrogacy-related adoptions, open adoptions, and closed
adoptions.
Maintenance and spousal support
are legal terms for income provided by one spouse or former spouse to
the other during a separation or after divorce. Although once
traditionally awarded primarily to wives for an indefinite period,
alimony awards are now awarded to either spouse if he or she needs
financial assistance and the other is able to provide it, and they tend
to be temporary, for a period of rehabilitation that enables the
recipient spouse to become self-supporting.
Child support is generally
ordered by the court in situations in which a child lives with one but
not both parents. The non-custodial parent (the parent with whom the
child does not live) is responsible for contributing a certain portion
of his or her income, based on state child support guidelines, to help
support the child, even if the custodial parent has income of his or
her own.
Children's rights cover a broad
spectrum, which includes not only the rights afforded to all U.S.
citizens, but also those rights that are theirs due to their status as
children, such as the right to food, clothing, shelter, medical care,
and education. Children are not, however, guaranteed all of the
constitutional protections that are provided to adults.
Custody and visitation issues can
arise when parents are divorced or separated, when the parents have
never been married, or when some type of reproductive technology, such
as surrogate motherhood or sperm and egg donation cases, complicates
the issues even further. Courts generally apply a "best interests of
the child" standard when determining to whom custody should be awarded.
Divorce is the legal process by
which a marriage is terminated. In a divorce proceeding, the parties'
marriage is legally ended and the related issues, such as spousal and
child support, child custody and visitation, and property and debt
division, are resolved, either by the parties' voluntary agreement,
through the assistance of a mediator, or after a court trial.
Domestic violence and neglect
include physical, mental, and sexual abuse of children, mates, elderly
persons, or other vulnerable adults in the perpetrator's household.
Abuse and neglect have long-term consequences, but there are legal
mechanisms through which victims or interested third parties can seek
protection.
Juvenile law relates not only to
relates to juvenile delinquency proceedings, in which the juvenile is
charged with an offense that would be a crime if committed by an adult.
It also relates to juveniles charged with status offenses, abused and
neglected children, and children in need of social services.
Paternity refers to a legal
action to establish that a man is the father of a child. A paternity
action may be brought in order to impose a child support obligation,
establish a right to inheritance, secure consent for the child's
adoption, or gain or prohibit custody or visitation rights.
Prenuptial agreements are
contracts entered into by a couple in contemplation of marriage. They
usually address property issues that may arise in the event of divorce
or death, and are often used as vehicles to provide for greater awards
of property to children from previous marriages, or when one spouse
brings substantially greater assets to the marriage.
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