Family law is a practice area covering a range of topics related to family relationships. These cases are often emotionally charged because they involve resolving legal matters with loved ones, which can be emotionally draining.
In instances of disputes, cases can become exhaustive and require ongoing negotiations and litigation. To make things easier on you, we recommend seeking the counsel of a seasoned Crestview Hills family lawyer at our firm to guide and represent you throughout the proceedings.
Marriage Licenses and Marital Agreements
Couples must appear together to obtain a marriage license from a County Clerk’s office no more than 30 days before their marital ceremony. Both parties must be present to provide their willful consent.
These licenses are valid statewide, regardless of the issuing county, and neither party has residency requirements. Because marriage is legally binding, many couples choose to create prenuptial agreements.
Prenuptial Agreements
Prenuptial agreements are marital contracts that allow couples to detail their assets and property before marriage and decide the division of property if they divorce. Kentucky family laws require these contracts to be voluntary and fair for everyone involved. Additionally, they must be documented in writing and signed by both parties. If the family court judge determines fraud or other issues, they may not honor the prenuptial agreement during divorce proceedings. A knowledgeable Crestview Hills family attorney could help mitigate the risk of fraud and provide clarity when navigating this sensitive agreement.
No-Fault Divorce Laws in the Commonwealth
Kentucky has a no-fault dissolution of marriage law, meaning the petitioner filing for divorce only needs to state that the marriage is irretrievably broken. Commonwealth laws require that at least one of the spouses reside in Kentucky for a minimum of 180 days before filing.
For uncontested divorces without children to consider, there is no minimum waiting period. However, when children are involved, there is a wait time of 60 days, but it can still take up to two years to receive the final order.
The Division of Property
Property division can be one of the most contentious aspects of divorce proceedings. Under the guidance of the Kentucky Statutes § 403.190, the family court judge takes several factors into account to determine the fair and equitable division of property, including:
- The duration of marriage
- Child custody arrangements
- Economic circumstances for each party
- Determination of marital and non-marital property
- The validity and terms of existing marital contracts
- The contribution of each spouse throughout the marriage
While many believe that the marital property is a simple 50-50 split, that is not always true. A resourceful family lawyer in Crestview Hills could help locate and determine the property’s value and fight for a fair settlement agreement.
Child Custody and Visitation
Divorce is challenging for most, and that is particularly true when children are involved. In such times, an accomplished Crestview Hills family attorney could guide the party through the process with powerful legal advice and support to protect their parental rights.
While the courts prefer that parents work together and create a parenting plan, the family court judge must approve the schedule and issue the final order. The courts consider things such as:
- The age and health of each child
- The children’s medical and educational needs
- The relationship between the kids and each parent
- A history of domestic violence or substance abuse
The transition from married to divorced and co-parenting can be challenging, but finding an arrangement that is in the best interest of the children is a crucial first step.
Call a Qualified Family Attorney in Crestview Hills
Family law cases have the potential to impact your life and future significantly. Therefore, it is crucial to know your legal rights to protect them throughout the proceedings.
Whether you need assistance with divorce proceedings, child custody, or marital contracts, our knowledgeable Crestview Hills family lawyer has decades of experience and could advocate to help you reach the best possible outcome. Call today to schedule an appointment and discuss your case with an experienced legal professional.
