Figuring out the Fort Mitchell divorce process can be challenging, especially if you are unsure of the exact steps involved. For many people, divorce is a difficult time emotionally and financially, and without the proper guidance, it may feel too overwhelming. This is where an experienced divorce attorney can be a great resource. Whether you are pursuing a straightforward dissolution or handling more complex issues—such as property division, spousal support, or child custody—it is important to consult with a lawyer who is well-versed in Kentucky family law.

Each divorce comes with its own set of challenges. A capable legal professional at BFZ Law will provide the knowledge and experience necessary to help you navigate those challenges.

The Process of Filing for Divorce

One of the first steps in the process of filing for divorce in Fort Mitchell is meeting the Commonwealth’s residency requirements. At least one spouse must have lived in Kentucky for at least 180 days before filing. If this requirement is not met, the court will not have jurisdiction to hear the case. After determining residency, the next step is filing a petition for divorce in the family court.

The Commonwealth of Kentucky acknowledges no-fault divorces, meaning a person seeking divorce just has to claim that the marriage is irretrievably broken. They do not have to prove that their spouse did anything wrong or is to blame for the breakdown of the marriage. It should be noted that if the pair has minor children, they must pass a 60-day waiting period before the divorce can be finalized.

Once the petition for the separation is filed, the other spouse will receive the legal documents as a notification of the intent to file a divorce. They have the opportunity to respond, either agreeing to the terms of the divorce or contesting them. If contested, the divorce process may become more complex, involving additional court hearings, mediation, or even a trial.

How to Divide Property and Assets

One of the largest aspects of any separation is the division of property—such as cars, houses, and other belongings. These can have financial or just sentimental value. The division of assets and debts is not necessarily equal but fair according to the circumstances of the two people getting divorced. All marital property must be divided fairly, which includes anything acquired during the marriage, such as:

  • Real estate
  • Vehicles
  • Income
  • Debt

Separate property, which includes gifts or inheritances received by one spouse alone, generally remains with the individual spouse after divorce. A seasoned lawyer in Fort Mitchell can help protect your rights during this phrase of the divorce process.

Determining Child Custody and Support

Courts make custody decisions based on the best interests of the child(ren) involved. To do so, they must evaluate many things, like:

  • Each parent’s living situation
  • The child’s relationship with each parent
  • Which parent has been the primary caregiver
  • Any history of domestic violence or substance abuse

Joint custody is generally the preferred route, as long as it serves the child’s best interests. Joint custody allows both parents to share in the decision-making process regarding important aspects of their child’s life, such as education, healthcare, and religion. However, if joint custody is not feasible due to conflict between the parents or other factors, one parent may be awarded sole custody. A dedicated Fort Mitchell attorney will advocate for your relationship with your child during this critical portion of the divorce process.

Contact a Lawyer for Help Navigating the Divorce Process in Fort Mitchell

If you are going through the Fort Mitchell divorce process, working with a qualified attorney can be crucial to achieving a favorable outcome.

For compassionate and aggressive legal guidance, contact BFZ Law today. Our firm has decades of experience handling complex family law cases, and we are committed to helping you through every stage of the divorce process.

Busald Funk Zevely PSC

Busald Funk Zevely PSC
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