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Crestview Hills Divorce Law Blog

In high asset divorce, ex-wife paints her own version of artwork

According to the old saying, "All is fair in love and war,' though most draw a line at deception. There are times when one may believe that any actions are justified during a high asset divorce. Kentucky residents who are preparing for a possibly contentious dissolution of their marriages may seek the guidance of experienced professionals.

A divorce between renowned Wall Street investor Bill Gross and his then-wife purportedly involved an artful deception on the part of the former Mrs. Gross. The couple owned an extensive collection of fine art that was supposedly appraised by a representative from the Sotheby's auction house. Unbeknown to Mr. Gross, his former spouse had removed a painting by Picasso and replaced it with a replica she had painted herself.

Support can help spouses avoid or cope with military divorce

A spouse's chosen career often can impact how the marriage plays out. Families in Kentucky with one or both spouses in the military have particular challenges due to frequent moves and long periods apart. While military divorce is not uncommon, many people attempt to save their marriages by seeking support and guidance from those who have lived as a military spouse for longer periods of time.

One woman married to a retired navy SEAL has chosen to write a book about her experience. She notes the high military divorce rate, explaining that deployments and the military lifestyle can be difficult on a family. The author's husband was in the military for 22 years.

Kentucky first state to pass joint child custody law

Many years ago, it was presumed that mothers were best suited to be the primary caregivers in the event of a divorce. Over the past several years, there has been a shift toward permitting both parents shared parenting arrangements. Just recently, Kentucky became the first state to pass a law that requires judges to order joint child custody in the majority of cases.

The new law now stipulates that family courts default to a joint custody arrangement. This change was seen as a way to provide more children with the opportunity to spend equal time with both parents, thereby preserving the bonds that they have formed. The law's supporters believe that the majority of children thrive best in a more stable home life that includes both parents playing an active role in their lives. 

In child custody cases, children must be the focus of your fight

The end of a relationship between parents is seldom an easy transition. Indeed, Kentucky parents are often caught up in so many conflicting emotions, that it may be difficult to see the forest for the trees. In these cases, no matter how distraught and angry parents may feel, child custody must be focused on what plans will best serve the needs of the children involved.

In general, most family court judges are in favor of parenting plans that involve both parents as equally as possible. In this way, children are permitted to form strong relationships with both of their parents -- regardless of the relationship between the adults. In those cases where it may be detrimental for a child to spend equal time with one of those parents due to fears of danger to a child, then one parent may make a case for primary or even sole custody. However, this is when a true battle may ensue.

Useful ideas for fathers seeking custody

The film and book industries have not really done justice regarding how they portray fathers in America. Often, characters in movies or novels come across as lazy, disinterested parties who try to escape the obligations and responsibilities that accompany parenthood. If such characterizations irritate you, you are definitely not alone in your frustration. The fact is that there are many wonderful fathers out there who want nothing more than to fulfill their roles as best they can to help their children become well-adjusted, productive, happy adults.

If you've recently divorced, you may find it even more challenging to overcome the stigma associated with such situations when it comes to being a dad. You may not only consider yourself the antithesis of the typical Hollywood portrayal of fathers, you may even hope to pursue full custody of your children as you and your former spouse navigate divorce proceedings. Long ago, such goals were nearly impossible to achieve; nowadays, it's not only possible, but may be more likely if you keep certain things in mind.

Military divorce seems to be holding steady; marriages in decline

Life in the military can be rewarding in many ways, though there are many sacrifices that families are asked to make when one or both spouses are service members. In spite of the demands that these families face, it appears that the military divorce rate has not significantly increased over the past several years. Unfortunately, divorce is a fact of life for many Kentucky residents, whether one is in the military or lives a civilian life.

The report compiled by the Defense Manpower Data Center records the divorce rate among military members as remaining around 3 percent. However, within those numbers is the figure that shows that, among one branch of service, the rate of divorce for women personnel is more than double that figure. Overall, the divorce rate for women in all branches is higher than for men, with the Army reporting a rate that is more than 275 times higher than it is for men.

Ex-mayor Rudolph Giuliani's wife seeking high asset divorce

Years ago, Rudy Giuliani, became one of the most well-known mayors in the country after the 9/11 terrorist attack. Shortly before that horrific event, he was widely criticized when he announced at a press conference that he was divorcing his wife in favor of the woman with whom he was having an affair. Kentucky residents may not be surprised that his current wife is now seeking what will likely be a high asset divorce.

Judith Giuliani recently filed for a contested divorce from her husband of 15 years. She has indicated that she is seeking an equitable share of the former couple's marital assets, including properties they own in other states. Giuliani confirmed the divorce by stating they have separated and are seeking a process that will be as amicable as possible. He further requested that their privacy be respected and went on to suggest that there is equal blame for the dissolution.

Proposed bill intended to help protect paternity rights for some

The advances that have been made in medical science enable those who were previously unable to have children to try other options. In Vitro fertilization has allowed many who struggle with infertility to have a baby, and, as a result, existing laws regarding paternity rights have been updated in some states, including Kentucky. There are still certain situations that may make establishing or protecting those rights more challenging.

A lawmaker in one state is attempting to update one of his state's statutes regarding the ability to protect paternity rights once they have been granted. The circumstances that prompted his efforts pertain to a man who is fighting to have his rights to a child of a former girlfriend's protected in spite of her wishes to block him from her son's life. According to the information provided by the congressman, the man for whom the bill was purportedly written is not the biological parent of the child in question.

Child custody case making national news concerning tribal rights

Several years ago, a story broke concerning the proper placement for a child of Native American heritage. Though that battle waged for some time, the main issue was whether a Native American child should be raised by his or her blood tribal relatives. Though there are currently no reservations located in Kentucky, there are still members of several tribes that reside here who may be interested in these types of child custody cases.

Recently, a custody battle gained national headlines when a Native American woman filed for emergency custody of her newborn grandchild as well as two older grandchildren. The woman enlisted the assistance of the tribal police who then contacted the police department in the county where her grandchild had just been born. Acting on what they believed were federal orders, officers accompanied tribal officials to a local hospital and took physical custody of the 2-day-old infant.

Overcoming problems regarding post-divorce living situations

As you help your children come to terms with your divorce, you may encounter various challenging situations. Most Kentucky parents say they have some good days and some bad regarding how their kids adapt to post-divorce lifestyles. One of the biggest issues on your plate at this time likely involves living arrangements. The type of custody order the court hands down may affect your children's living situation. 

If you haven't gotten to that point yet in your proceedings, you may want to consider various factors that may impact your decisions regarding your own living situation, as well as your children's, once the court finalizes your divorce. It's good to remember that a particular agreement need not necessarily be permanent. In most cases, it's possible to request modification of an existing court order should you determine a need to do so down the line. 

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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