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Bouldin Law Firm
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Stop Wasting Time and Get Divorced!

What takes so long?  This is one of the most often asked questions during a divorce proceeding.  The simple answer is, If the parties agree on terms, it does not take long.   In order for parties agree, they must first understand the issues and exchange disclosure of assets and debts.  While this seems simple, often only one party is in possession of the financial information which would be necessary to make an informed decision. For example, it might sound fair for each party to keep their own retirement plan and any debts which they have in their individual name.  That said, often retirement plans accumulate wealth at different rates, whether from better plans, higher rate of investing or company matching.  Some companies have traditional 401k plans, while others have defined benefit plans such as pension or 403b. Once the information is exchanged, parties may have difference of what a fair division entails.  Do they offest assets or divide all assets equally?  Should the party who spent more be responsible for credit debt or the party who earned less or should it simply be divided evenly?  What about debt prior to marriage or that which was paid off during the marriage? Getting a hearing for even temporary issues generally requires 2-3 months in Boone, Campbell or Kenton county family courts.  A full and final hearing generally first requires that the parties attempt mediation, then attorneys must file financial disclosures and pretrial memorandum.  Only then can you schedule a final contested hearing, which generally requires a wait of 6 months or more. Quick resolutions require the parties to agree on terms.  It is best if BOTH parties hire experienced counsel familiar with the local rules and the local judges.  Even though reasonable minds may differ, generally two reasonable clients with reasonable attorneys can settle a divorce case.  Often, parties explore alternatives such as collaborative law or mediation to assure the process is not unduly burdensome. If you are considering a divorce or dissolution or have begun the process and need to speak to an attorney, call Michael Bouldin at 581-MIKE.  Contact Mike at [email protected] or call 859-581-6453 to schedule and appointment.

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