Whether you are considering filing for divorce, or have already been served with divorce papers, it is important to contact a divorce lawyer who can help you understand your rights, and explain the divorce process to you. Divorce involves the division of marital property and marital debts, and the restoration of nonmarital and premarital property. Depending on the length of the marriage, and the specific factors of each case, one spouse may be entitled to maintenance, also known as spousal support or alimony. When the couple has children, the divorce proceedings will also include determining custody rights, establishing a parenting schedule, and setting child support.
Divorce is more than just the end of a relationship, it involves a legal process, and it is important to work with an experienced family lawyer to ensure your rights are protected and you receive everything you are entitled to. There are many factors in every divorce, and the specific issues will be different between every couple. Understanding your case and how the law applies are key factors in minimizing litigation costs and achieving the best outcome. Contested divorces may be resolved through alternative dispute resolution, such as settlement negotiations or mediation, or by a Judge. The lawyers at Durrett & Kersting will work with you to provide individualized legal advice and representation throughout your case.
In Kentucky spousal support, often commonly known as "alimony", is referred to as "maintenance". Depending on the specific factors in a marriage, including the length of the marriage and the income of the spouses, one party may be entitled to maintenance. The Court will often consider the length of the marriage, the earning ability of each party, and marital misconduct as factors in determining the amount of maintenance a party is entitled to receive. Based on the specifics of a marriage, one spouse may be entitled to short term, long term, or lifetime maintenance. The Court may also consider inequity of income in deciding if one party is entitled to have the other party pay their attorney's fees. Contact your Louisville family lawyer today for a free consultation.
In an uncontested divorce it is important to understand that while the attorney is preparing all of the documents for both parties, the attorney only represents the interests of the Petitioner, and cannot give you legal advice. If you are the Respondent in an uncontested divorce, it is important that you have the documents reviewed by an experienced divorce lawyer. Contact us today for additional information.
I just got served with divorce papers, what do I do?
After you have been served with divorce papers in Kentucky you have 20 days to file a response. You should contact an experienced family law attorney for assistance in filing your response.
How long will it take to get divorced?
Parties filing divorce in Kentucky must be separated at least 60 days before the divorce can be granted. "Separated" in this sense does not mean "living apart," but rather "the date of last intimate contact." As long as the parties have been separated for 60 days, and do not have children, the length of the divorce depends on how quickly the parties can come to a settlement, or have their case heard before a Judge.
For couples who have children and have filed for divorce, a waiting period of 60 days must elapse from the time the divorce is filed, until it can be granted. The parties must also have their Families In Transition classes completed before the divorce can be granted.
If you have additional questions regarding your divorce, contact your Louisville Family Lawyer today.