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| Frequently Asked Questions
Q: Where should I file for divorce if I live in Kentucky and my spouse lives in a different state? A: At least one spouse must be a Kentucky resident for six months or longer before filing for divorce in Kentucky. You will be required to offer proof that you or your spouse has lived in Kentucky for six months. If your spouse files in another state first, you could be required to make court appearances in that state.
Q: What is the difference between separate property and marital property? A: Nonmarital property is property that a spouse brought into the marriage and kept separate during the marriage. It could also be inheritances that were received during the marriage and kept separate during the marriage. Separate property may include gifts received by just one spouse during the marriage. Kentucky allows parties to keep their own separate property. Marital property is property obtained during the course of the marriage (or property that was not kept separate during the marriage) and will be divided between the parties upon their divorce. This distribution will not necessarily be equal, but will depend upon a number of considerations.
Q: In dividing the marital property, what will be considered? A: A court will consider the financial circumstances of both parties, the contributions that each party made during the marriage, the value of the separate property, the length of the marriage, and the custodial arrangements for the children. Marital misconduct is not considered by the court in dividing property, but financial misconduct may be considered.
Q: What will happen to our joint credit card debt when we divorce? A: In Kentucky, marital debts are divided, while personal debts remain separate. However, even after the debt is divided, a credit card company can seek payment from the party who did not receive the debt in the settlement if the obligated party does not pay.
Q: After the divorce, who will decide who gets custody of our children? A: Generally a settlement regarding child support and visitation is reached by the parties. If a settlement is not reached, the decision is made by a judge. |
More and more at Wantland Law, PLLC we see grandparents taking active roles in raising their grandchildren. Because the law does not automatically give grandparents access to grandchildren, our help in protecting grandparent's rights is vitally important.
Grandparents in Kentucky are entitled to reasonable visitation if they meet certain requirements. Without proper guidance, grandparents may find it difficult to put on the necessary evidence. Wantland Law, PLLC can help you get a chance at being a grandparent.
More and more grandparents are now raising their grandkids. Often, parents are quick to leave children with grandparents in times of struggle. Sometimes, parents come back and forget about the bond formed between child and grandparent. Sometimes, custody should remain with grandparents. In tough situations like these, our help can be critical.
Please click on the following terms for more information:
Visitation and Custody
Child Support
Grandparent Visitation and Custody
We invite you to contact our office today to discuss your concerns.
The attorneys of Wantland Law in Shepherdsville, Kentucky (Joe Wantland and Scott Wantland), advise and represent individuals and families in cases in Bullitt County, Nelson County, Spencer County, Hardin County, Jefferson County, Louisville, and such communities as Mount Washington, Brooks, Lebanon Junction, Bardstown, Taylorsville, Elizabethtown, Radcliff and Fort Knox.