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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. |
Children are priceless. Everyday the attorneys at Wantland Law, PLLC battle to protect the rights of parents when setting up parenting schedules.
Whether your case involves domestic violence, divorce, paternity, or just visitation issues, there's a good chance the court may set a visitation schedule. The Court has many options as it divides up parenting time.
A court can grant a parent joint custody or sole custody. A court may designate a parent the primary residential custodian. A parent may order supervised visitation, a shared parenting schedule, every other weekend visitation, and any other number of visitation schedules.
There are many options when it comes to child custody and child visitation. Having solid advice from Joe Wantland & Scott Wantland will ensure that your rights as a parent are protected. Don't risk your relationship with your children. Don't go it alone.
A note on child visitation–at Wantland Law, PLLC we believe that prisoners have visitation–children have parents. When you come to see us, we will call your time with your child "parenting time" as opposed to visitation. It's just another way we understand that the relationship between a parent and child is just that important.
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.
This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice.
Seek legal counsel for advice on any legal matter.