Finding out that your spouse wants a divorce can be incredibly devastating. There's no telling what they might want in the divorce or how they will proceed when it comes to things like child custody, spousal support, the family home and many other important items.
You might be completely surprised about this request, but there might have been signs you missed in the marriage that could have prevented that surprise.
The divorce process requires a lot of decision making. Whether you and your spouse are separating amicably through an uncontested divorce, or are going to court for a contested divorce, you probably have questions. Your kids are your number one priority, but you also have questions about your property.
There are plenty of things that you and your spouse purchased together. You both had plans for the money in your bank account and your retirement funds. Now that you are getting divorced, you need to understand how all your property and assets will be handled.
In general, things go more smoothly when people get along. Ironically, spouses usually separate due to being on different pages and wanting to go other directions. Regardless, agreement has a lot to do with how quickly you can get through the divorce process.
In Kentucky, and like many other states, the waiting period for a divorce is 60 days. Couples without children are able to finalize a difference shortly after filing their separation period. If you and your spouse do have minor children, the process will probably take longer.
Does your job increase or decrease your odds of getting divorced? What about your salary? A recent study by statistician Dr. Nathan Yau, using data from a 2015 American Community Survey, plots the divorce rate for a number of different professions. He also charts the rate of divorce compared to salary. There seems to be a correlation between salary and divorce rate. And bartenders do seem to have a quite high rate of divorce; however, as we all know, correlation is not causation. Take a look, its very interesting study and presentation.
On April 10, 2017 Governor Matt Bevin signed into law House Bill 492. HB 492 makes significant changes to KRS 403.280, the statute setting forth the law regarding temporary custody orders. Today, parties going through a divorce may move for a temporary custody order which will establish temporary custody until the final custody determination is made by the Court. Under the current statutory language, a party seeking a temporary custody order must support their motion with an affidavit setting forth the facts upon which their motion for temporary custody is based. The Court then may award temporary custody, applying the "best interest of the child" standard set forth in KRS 403.270, after a hearing or based solely on the affidavits if there is no objection. This typically ends with joint custody with one parent being designated the "primary residential custodian." This parent receives the majority of time with the child with the other parents getting visitation. HB 492 makes some significant changes to 403.280 that will likely have implications beyond just the temporary custody framework.
Many couples believe once they get divorced they will never have to see or hear from one another ever again. They hope that the divorce will sever their bonds and set them free to chart their own new course in the world. While this may be true in some circumstances, couples who are divorcing but have children together are in for a shock. Children are the tie that binds and divorcing couples with children must be prepared to see each other and communicate regularly based on the type of custody that is set in their divorce case.
Following a divorce, if two parents are designated to have joint custody of a child, which parent gets to make the important decisions? For example, if you share joint custody with your ex-spouse, but you are the primary residential custodian, do you get to make the decision as to which school your child attends? Does your ex-spouse? What happens if you disagree?
A few months ago I came across this funny slogan that, due to a custody case I was working on, was fairly relevant. I posted it on Facebook hoping it would get my clients, current and future, thinking. Over the next few weeks, the relevance of the expression became even more apparent due to several prominent stories in the media and the involvement of social media and digital evidence in several divorce, custody, and personal injury cases the firm is litigating. It made me realize that most people do not fully understand that what they put on the internet can have some serious repercussions in their life down the road.
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Katz Law
2226 Broadway Street
P.O. Box 2903
Paducah,
KY
42002
Phone:
270-908-2872
Fax:
270-575-3936
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