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Crestview Hills Divorce Law Blog

There are critical choices when facing a high asset divorce

In the past, studies indicated that women fared worse financially after a divorce. The phenomenon was dubbed the 'divorce gap' and perpetuated the myth that a woman was less likely to recoup financially after a marriage ended. Kentucky residents -- whether male or female -- who are facing a high asset divorce have several difficult decisions to make when working on a settlement agreement.

A recent study seems to suggest that divorced women are more likely to be homeowners. The implication is that these spouses elected to retain a family home during their divorce proceedings. Unfortunately, many professionals say that this is often a decision that women will regret as the cost of upkeep and taxes may strain their finances. Instead, it is advised that both spouses carefully consider dividing assets that will fund a comfortable retirement.

It is vital to know the truths from the myths in military divorce

Regardless of whether one is part of the military life through service or marriage, a dissolution is a confusing and emotional undertaking that requires accurate information. Those who are seeking a military divorce may struggle to understand the process -- including what is truth and what is false information. Kentucky residents who are preparing for this type of dissolution may be best served by seeking accurate information from experienced professionals.

One of the most important aspects of a military divorce is the dividing of pension pay and how much a former spouse is entitled to receive. Without a knowledgeable attorney, it is possible that a military member could wind up signing over more of the pension than a spouse would be entitled to receive. Likewise, the Survivor Benefit Plan is another vital benefit that can be overlooked if one is unfamiliar with this benefit, which allows a former spouse to collect up to 55 percent of a deceased member's pension under certain conditions.

NFL player seeking to establish joint child custody and support

In many situations, when an unmarried father is faced with the responsibility of providing for an unexpected child, he may be reluctant to seek parenting rights. Though a father may no longer be in a relationship with the child's mother, he is still entitled to seek child custody or visitation rights. Those who reside in Kentucky do have access to professionals who can help them resolve these matters in the manner that will best meet the needs of their children.

Every year, the National Football League seems to endure several negative stories featuring its players who have been accused of wrongdoing -- including allegations of a player attempting to deny paternity of a child. However, in one story that recently became public, Josh Norman, who plays for the Washington Redskins, stated his intentions of seeking to be a part of his child's life, even though he is not in a relationship with the baby's mother. The parents purportedly had a brief relationship last year that resulted in the child being born in late January.

You don't have to go to court to resolve child custody issues

One of the most frustratingly important parts of a divorce involving children is making custody and visitation arrangements. Even if you don't get along with your future ex-spouse, you may agree on the fact that your children need you, and they will always bind you together regardless of your relationship with your ex-spouse.

Knowing this, you want to stay out of court and come to an agreement on your own. Perhaps you feel that this will help you put aside your feelings for each other for the sake of your children. You could attempt to come to an agreement on your own, but you may find it easier and less frustrating to use an alternative method of resolving your issues such as the collaborative law process.

Divorce can often result in several financial revelations

In many households, one spouse usually takes control of handling the finances. However, in the event of a divorce, the spouse who has not been involved in the monetary aspects of the household may discover some uncomfortable revelations. Kentucky residents who are facing a divorce may benefit from learning more about money management strategies for the future.

A recent study focused on how a divorce can adversely impact women who were not actively involved in managing their household affairs. It was determined that there are approximately six key areas where women experienced difficulties both during and after their divorce. This includes not having sufficient knowledge of the amount of debt that exists -- such as mortgage, student loans, credit cards and 401(k) withdraws. Another reality that may not have been considered is the need to return to work or seek a higher paying position.

Kentucky law provision to aid parents during military divorce

Earlier this year, Kentucky became the first state to pass a shared child custody that requires family court judges to consider equal parenting as the default decision. There is a less-talked about provision included in that law that aims to assist active-duty and reserve-duty parents who have gone through a military divorce. This provision states that deployed parents will be assured of a return to a previous custody agreement once the deployment is completed.

While Kentucky's child custody law is the first of its kind in the country, there are some who believe that it does not fully address the issues that many service member parents face. Though the service that these parents provide through the armed forces benefits everyone, in many situations, former partners often try to use a parent's service commitments against him or her when it comes to parenting duties. Service-member parents are often portrayed as inaccessible to their children when they are deployed and may often find that their parenting rights are reduced because of their job requirements.

Farming families may benefit from planning in case of divorce

Family farms are a rich heritage in many parts of the country, including many areas of Kentucky. While it takes a special calling to devote one's life to farming, it may also require more planning to preserve a farm in the event of a divorce. Every situation is unique and requires an individual approach, but there are measures any couple could take to make the process easier.

The prospect of finding an equitable division of a couple's assets is seldom an easy task. However, when the couple have worked and lived on a farm, the process can become even more complicated. Much of the assets are not in a form that is easy to liquidate as there is usually farming equipment, acreage, crops and livestock involved. The question of how to determine an agreeable and equitable division is often left to the courts, which will take a wide variety of factors into consideration.

Paternity test shows former boxer Mayweather Sr. is likely father

In today's society, the concept of the traditional nuclear family has slowly been replaced by families that come into being through various means. This makes the use of paternity tests to ensure that children are provided for even more important. Kentucky residents who need assistance in proving the paternity of a child can obtain assistance from knowledgeable professionals.

Several decades ago, one of the most recognized names in the world of boxing was Floyd Mayweather, Sr. He later had a son who also became a champion fighter and recently retired at the age of 41. Fans of the sport may be surprised at the news that the 67-year-old trainer and fighter was recently sued for child support for a 1-year-old girl.

What to do and not do re child support modification in Kentucky

If you recently navigated the Kentucky divorce process, you can give yourself a pat on the back, as you likely faced and overcame several challenges along the way, especially if you have children. You hopefully had a strong support network in place to help you protect your parental rights and achieve a co-parenting agreement that keeps your kids' best interests in mind. If you pay child support, you'll want to make sure you clearly understand what the court does and does not allow regarding the process.  

There may come a time when something changes with your finances, making your current payment agreement no longer feasible. It's not uncommon as most people's lives include financial ups and downs; the problem is that you must adhere to a court order, even if you are currently in a downward slope of your financial status. If a problem arises, you can seek immediate support so you don't wind up in serious legal trouble.  

There are aids available for those seeking a military divorce

No matter the personal circumstances, a divorce is never a pleasant undertaking. If one or both of the spouses are members of the armed forces, then seeking a military divorce may seem to be more complex. Kentucky residents who are preparing to embark on the process have access to qualified professionals who can provide sound guidance.

The military generally views divorce as a matter for state governments. However, there are certain aspects that were included in federal regulations regarding how to dissolve a marriage between service members. The Service Members Civil Relief Act and the Uniformed Services Former Spouse Protection Act are both federal laws that are intended to protect either party in certain situations. The former was instituted mainly as a way to shield active duty members who may be deployed from having to attend to divorce proceedings until after their current assignment ends. 

Tasha Scott Schaffner, PLLC - Attorneys at law

505 Centre View Blvd.
Crestview Hills, KY 41017

Phone: 859-491-1011
Fax: 859-491-1899
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