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Family Law Archives

Equal Parenting in Kentucky Divorce

While much of divorce and custody law is statutory, there are many issues which are not black and white. For example, the new law in Kentucky makes a presumption of shared parenting, joint custody and equal time with children. This presumption can be rebutted if there is evidence that such an arrangement is not in the best interest of the child(ren).  Moreover, equal parenting does not necessarily mean week on/week off schedule.  There are many schedules that equate to equal parenting and are often utilized that are not week on/off, for example:

My Gay Spouse Married Me On a Bet

This statement was made by a potential client on public website.  You may be entitled to an annulment if your spouse is gay and married you on a bet.  In Kentucky, there must be a legal ground or reason for your marriage to be annulled. Generally, your marriage may be annulled if any of the following circumstances was present at the time of the marriage:

Annulment of Marriage in Kentucky

OVERVIEW OF ANNULMENT IN KENTUCKY

An annulment is different from a divorce.  Essentially, a divorce ends a marriage while an annulment means no valid marriage ever existed. If your marriage was legally invalid from the start, you may be eligible to have your marriage annulled.  Importantly, other than void marriages, annulment must be filed within 90 days after the marriage.

New Year Resolution

If your New Year's Resolution included speaking to an attorney, only you can startt the process by making the call.  You can email me at [email protected] or call the office and schedule with my paralegal, Emily.  Email [email protected] or call 859-581-6453 (581-MIKE).

Holiday Custody

If you are arguing with your ex about custody over Christmas, first idea is to refer to your Decree or Parenting Plan.  The holidays are generally included as a default if the parents cannot otherwise agree. If you do not yet have a holiday schedule or parenting agreement, it is a good idea to try to come with an agreement.  Remember, BE REASONABLE.  Family court judges generally disfavor a party that they deem to be unreasonable.  If you refuse any parenting time over Christmas, you might expect that your ex will have that schedule next Christmas

Alimony Lump Sum v. Fixed Amount

Alimony is a frequently litigated issue due primarily to the fact that Kentucky does not have a fixed formula for determining alimony.  Alimony is based on a number of actors, but primarily is the disparity of income or earning ability and the length of the marriage.

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