Kentucky Divorce

Kentucky is considered a "no-fault" state.  As an example, Kentucky, one party doesn't have to prove that the other party was unfaithful in a marriage to obtain divorce.  If one person in the marriage files for divorce, there are not many options to prevent the divorce from taking place.  In order to obtain a divorce, the court has to determine that in fact the marriage is irretrievably broken.  

In determining if the other party in the marriage is preparing for divorce there are multiple factors to take into consideration, such as:

• Is one spouse discretely placing property into a trust?
• Are you listed in the trust?
• Is one spouse hiding assets that normally wouldn't be hidden?
• Does one spouse have majority control over financial livelihood?
• Are your bank accounts jointly owned, or are you just a signer on the account?
• Has your spouse opened new bank accounts?
• Have any new post office boxes been opened without informing you that it was opened?
• Has one spouse stopped buying groceries, power going out?
• Suddenly enduring financial hardships?
• Has one spouse withdrawn from being seen in public with you, friends, and family?
• One spouse exhibiting suspicious behavior?
• One spouse exhibiting impulsive, erratic, odd behavior traits, and unable to even maintain a conversation without raising voice or yelling? Other spouse may even be arguing when argument isn't justified or normal.
• Was a property agreement ever introduced at any time in your marriage that hinders you in obtaining said property in the event of a divorce?
• Do you suspect your spouse of cheating?
• Has there been late nights at the office, unexplained time spent away, blatant lies?
• Has marriage counseling failed?
• Has one spouse began recording conversations or interactions?
• Has one spouse began consulting a C.P.A. or another financial professional without consulting with you?
• Are you being mentally, emotionally and/or physically abused, and if so has the level of abuse increased recently?

If you realize that any of these above listed actions have taken place, it is highly advised that you immediately seek legal assistance to prepare you for the events that could possibly transpire.  An attorney may be able halt any actions being taken in regard to one spouse  procuring all of the assets from the other spouse.  An attorney can also strategically plan the next and appropriate course of action.

It is not normal that one party lose all of their property that was obtained throughout the course of the marriage.  Generally, the Court will divide the property and debts of the marriage on a 50-50% basis. The Court can give more than 50% to one spouse if the Court has good reason to do this.  

Hiring a divorce attorney relieves an individual from an immense amount of stress.  It is always good to have an attorney retained for your case.  Divorces can be very complex, and due to the complexity in law and procedures involved, it is better to have an attorney on your side to avoid making mistakes.  People may find that they may not have the most accurate information, or that the information they are seeking may be unavailable, or just unable to find the information needed for their case.  Most law firms are equipped with locating information for your case, such as statutes, procedural guidelines, proper forms, and writers.  For instance, an individual whom has never had any connection with the courts or processes may not understand how to move the court to do something, compel another party to comply, or they themselves may find it difficult to comply with discovery if without counsel.  It is always advised to have an attorney for your divorce matters.