Legal matters addressed by the family court range from preparing prenuptial agreements in compliance with divorce regulations and marital property division. The outcome of any one of these cases can impact your life and the lives of those involved substantially.
Therefore, understanding the processes and possible outcomes is essential. A compassionate and experienced Union family lawyer at our firm could fight for your rights and help resolve legal matters effectively.
Common Types of Family Law Cases
Family Law covers a wide variety of legal matters, including:
- Asset division
- Divorce proceedings
- Prenuptial agreements
- Establishing paternity
- Child custody and visitation
- Grandparents’ rights
- Child abuse and neglect
- Domestic violence
- Mediation services
As a seasoned family attorney in Union could explain, family law covers essential matters and domestic relations. Therefore, many cases can be highly contentious and emotionally charged, requiring a delicate approach.
Dissolution of Marriage Proceedings and Property Division
Kentucky follows a no-fault dissolution of marriage method, so proving fault when petitioning the court for a divorce is unnecessary. The court will review the filing, and if the marriage is deemed “irretrievably broken,” the judge will issue the final divorce decree.
Kentucky’s divorce laws follow an equitable distribution rule. In other words, marital property is not automatically divided equally between spouses; fair allocation is based on a number of factors set by commonwealth law. While the family courts prefer that couples work together to create a settlement agreement independently, the judge may intervene and order property division if they cannot agree independently. A family lawyer in Union could provide clarity and support in drawing up agreements to avoid leaving it up to the judge.
Child Custody, Parenting Time, and Paternity Matters
When married couples have children, the Kentucky family statute automatically considers the husband the paternal father. However, when unmarried couples have children, the father must petition the court to establish paternity and legal parental rights.
When couples divorce or separate, they should attempt to reach agreements regarding child custody and parenting time with the non-custodial parent. After creating a parenting plan, they must file it with the court so the judge can review the arrangement and issue the final order. During this process, the family court judge will consider factors such as:
- The living preferences of the children
- The physical and mental health of all parties
- The child’s relationships and interactions with each parent
- The best interest of the children and each parent’s ability to provide care
- The history of each parent, including domestic violence, mental illness, and addiction issues
- The proximity of each parent to schools and other activities the kids participate in after school
Child custody laws seek to ensure children spend equal or close to equal time with both parents and to order joint physical and legal custody when possible. A Union family attorney could facilitate the process of reaching a fair agreement in the best interest of everyone involved.
Grandparents Rights Advocacy
Grandparents also have legal rights and may petition the court for grandchild visitation. The court will review the case specifics, and if they determine it is in the child’s best interest, they will issue an order granting scheduled visitation.
Domestic Violence
Domestic violence is any action, threat of action, or attempt to cause physical injuries, stalk, or sexually abuse a family member living in the same household. According to the Kentucky Statutes § 403.720, “family members” include:
- Grandparents and grandchildren
- Parents, children—including stepchildren—and siblings
- Unmarried couple sharing a child or living at the same residence
- Spouse or former spouse living together or formerly resided at the same residence
Legal ramifications may involve protective orders that prohibit the alleged party from going home or filing child abuse or neglect charges, leading to child custody issues and criminal penalties. A family lawyer in Union could protect parental rights and help the accused or accuser resolve the matter and reach a favorable outcome.
Consult a Committed Family Attorney in Union Today
Domestic relations can be physically, emotionally, and financially draining. The most effective way to protect yourself is to understand the laws and thoroughly prepare for your case.
A Union family lawyer at our firm has decades of experience and could answer your questions and help determine the best strategy to reach your desired outcome. The sooner you organize and prepare, the better your chances of a favorable outcome. Call and schedule a consultation to discuss your case and review your options right away.
