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Louisville Family Law Blog

What is marital property?

Marital property is the classification of property that is divided upon divorce which is why it is essential for divorcing couples to understand what marital property refers to. The other common type of property, in additional to marital property, is separate property which is not generally subject to division during a divorce and a third type of property, commingled property, may also come up during the divorce process.

Marital property refers to property that is acquired after the couple is married. By contract, separate property is property that one of the spouses entered the marriage with. Separate property can include separate earnings and property the spouse entered the marriage with; gifts; inheritances; and personal injury awards. Marital property can include property that is acquired during the marriage or income and earnings acquired during the marriage.

Is it possible to reduce the complications of divorce?

Divorce is not an easy process, even for couples that resolve to be amicable and work through issues in a reasonable manner. However, there are ways that a person going through divorce can ease the complications of this process and reduce the stress that many experience. If you are getting ready to initiate this process, it may be helpful for you to learn about ways to make it as easy as possible. 

Every divorce is different, and it can be helpful to first identify your goals before you move forward with this process. When you understand your rights and what to expect, you can reduce the chance of having to resort to stressful and complex litigation. It is not simple to extricate two lives and end a marriage, but it is possible that you can emerge with a strong post-divorce future intact. 

Dividing property in a divorce

There are many reasons a marriage might end in divorce, and most of them involve some unpleasant emotions. However, divorce itself is a legal process, and the bulk of the work in that process is often devoted to property division. This is the process within divorce in which the parties decide on how to divide their assets, including bank accounts, their home, personal items and more.

Most states, including Kentucky, follow equitable property division rules which means that property is divided in a way that is fair or equitable. Equitable property division is largely based on the discretion of the family law court and is determined on a case-by case basis. It is also important to keep in mind that only marital property is divided which includes money and property acquired during marriage.

Parental relocation basics and what parents should know

When a parent wants to relocate with a child, it can be problematic for the entire child custody situation. Because of how significant a request for relocation can be, it is helpful for parents to be familiar with the different aspects of a relocation request and what the court considers when determining whether or not to grant one.

When a relocation is sought, the court will look to what it always looks to when child custody concerns are being evaluated which is what is in the best interests of the child. The family law court will look at the impact of the proposed relocation on the existing child custody and visitation situation and determine what is in the best interests of the child. Based on that determination, the family law court will determine if it will grant the request for relocation or require the custodial parent to remain in the state and refuse to permit the relocation.

Alimony in a Kentucky divorce

Alimony and child support are common concerns during most divorces. Because one spouse commonly earns more money and the other spouse contributes to the family and household in other ways, the financial split during the divorce process can be challenging.

Family law resources help divorcing couples as their financial picture changes during divorce and helps them work out various support issues including alimony and child support. Because property division in Kentucky focuses on equitable property division, the family law process will help the divorcing couple reach an equitable financial solution. Because alimony can be a contentious issue during divorce, it is helpful to understand the process and how to reach an outcome all parties can live with.

Child custody laws in Kentucky explained

Kentucky's child custody laws are intended to achieve what is in the best interests of the child or, in other words, what is best for the child when a child custody decision is being made. This can help parents rest a little more easily during the child custody process and also help them know what to focus on as well.

Parents are encouraged to reach a child custody agreement on their own but if they are unable to do so, the family law court will help them reach a child custody arrangement that is best for the child and that determines who the child will live with, what the visitation and co-parenting schedule will be like and who will make major decisions for the child. The court will first look to what is in the best interests of the child when making any of these decisions.

Dispute resolution methods that may work for your divorce

Divorce is a lengthy and complex process, as Kentucky readers know, and it might be helpful to consider ways you can minimize complications associated with this process. One way to reduce the stress of this process is to avoid litigation. For some couples, staying out of the courtroom is possible by employing alternative methods of dispute resolution.

One of the most common of these methods is mediation. By mediating your divorce, you may enjoy the various benefits that come with avoiding court and having a stronger voice in the outcome of your divorce. Before you move forward or make any important decisions for your future, it might be helpful to think about how mediation could benefit you.

Family law resources and tools help with property division

The complexities of the property division process are important to understand because familiarity with the process can help divorcing couples know what to expect and hopefully make their property division process less complicated. There are a variety of different types of property to take into account during the property division process, and a number of different family law rules to help.

It is beneficial for divorcing couples to understand the property division process so they can identify assets they want to prioritize. This, in turn, can lend itself to a smoother property division process and oftentimes a settlement agreement with which both parties can live. While the family law process provides a variety of resources to help couples resolve their divorce-related concerns, those going through marriage dissolution are always encouraged to reach agreements that work best for them and for their family.

When can a parent relocate with a child?

Child custody can be a stressful part of the divorce process, but parental relocation can potentially create even more anxiety for parents if a parent wants to relocate with the child. Because relocations are not uncommon following a divorce or separation, it is helpful for parents to understand how the family law process views the issue so that they know what to expect.

Because parental relocation can have a significant impact on a child, their parents, and family, there are certain rules surrounding parental relocations. As is true of any child custody concern, including parental relocation, the best interests of the child standard is used to determine whether or not the relocation should be permitted. There are some valid reasons to consider a parental relocation, and parents requesting a relocation or parents considering, or opposing, a request for relocation should be familiar with what those are.

Addressing retirement concerns during divorce

Going through a divorce can be rough at any stage but older Americans who are divorcing can face a host of challenges. Fortunately, the family law process is available to help guide divorcing couples through their divorce and property division processes and to help them address their concerns, including retirement concerns and how retirement will be impacted by the divorce.

Property division later in life can be especially challenging as assets are intertwined and plans for retirement may have already been made. Divorce rates among those over age 50 are increasing and research shows that the number of couples divorcing after 50 has doubled since the 1990s. Divorcing later in life can cause expenses to double in some instances when retirement accounts and savings may have been based on other plan for the future.