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The Kentucky Divorce Process
The divorce process begins first by considering your goals in divorce, your reason and grounds for divorce, and your needs for the future after divorce. If there are children involved, a thorough analysis of the children’s current and future needs, as well as what is in their best interest, must be considered. This review should take place with the assistance of counsel so that you have a firm understanding of the likely outcome, even if retained on a limited basis to discuss merely this portion of your divorce.
Once goals are established and needs identified, a petition for dissolution of marriage is prepared and filed. However, unlike most civil actions where merely a basic complaint is required, divorces require the filing of various additional forms and documentation.
The initiation of the legal process also opens the opportunity to seek temporary orders to address restraining orders, spousal maintenance, attorney fee payment, and the needs of any children.
The filing of the Petition also initiates the legal process and opens the opportunity to conduct discovery on your spouse to ensure all assets and debts, as well as other matters, are identified and addressed properly in the case. Many spouses are surprised by the findings from discovery, so it is an important step.
From this point on, hearings are held by the court to monitor the status of the case. But, all issues related to the marriage are resolved by a written agreement between the parties, a trial, or a combination of the two (when some issues can be agreed upon, while others cannot). In addition, in Kentucky, the Court will often order the parties to mediation where a third party mediator (usually an attorney) will assist to resolve the issues.
Finally, the case terminates with an order and judgment from the court directing how the issues of the marriage are to be resolved, with appropriate consideration for any full or partial agreements reached along the way by the parties. The divorce process, when viewed at this level, seems very simple - and it can be at times. However, where there are strong areas of disagreement, a dissolution case has the potential to become complex. Therefore, it is prudent for a litigant to retain counsel experienced both in divorce law and litigation practice to protect your interests. If you are ready to move forward with that process, we ask you to consider using our services.
Once goals are established and needs identified, a petition for dissolution of marriage is prepared and filed. However, unlike most civil actions where merely a basic complaint is required, divorces require the filing of various additional forms and documentation.
The initiation of the legal process also opens the opportunity to seek temporary orders to address restraining orders, spousal maintenance, attorney fee payment, and the needs of any children.
The filing of the Petition also initiates the legal process and opens the opportunity to conduct discovery on your spouse to ensure all assets and debts, as well as other matters, are identified and addressed properly in the case. Many spouses are surprised by the findings from discovery, so it is an important step.
From this point on, hearings are held by the court to monitor the status of the case. But, all issues related to the marriage are resolved by a written agreement between the parties, a trial, or a combination of the two (when some issues can be agreed upon, while others cannot). In addition, in Kentucky, the Court will often order the parties to mediation where a third party mediator (usually an attorney) will assist to resolve the issues.
Finally, the case terminates with an order and judgment from the court directing how the issues of the marriage are to be resolved, with appropriate consideration for any full or partial agreements reached along the way by the parties. The divorce process, when viewed at this level, seems very simple - and it can be at times. However, where there are strong areas of disagreement, a dissolution case has the potential to become complex. Therefore, it is prudent for a litigant to retain counsel experienced both in divorce law and litigation practice to protect your interests. If you are ready to move forward with that process, we ask you to consider using our services.
If you are ready to move forward with that process, we ask you to consider using our services.
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Disclaimer: All articles and blog posts are for informational purpose only. This information was current as of October of 2015. The information does not constitute legal advice and should not be relied upon as a substitute for your hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.
Disclaimer: All articles and blog posts are for informational purpose only. This information was current as of October of 2015. The information does not constitute legal advice and should not be relied upon as a substitute for your hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.
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