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Kentucky Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Kentucky on
Q: Can an attorney make a deal with the opposing attorney not to present a key piece of evidence in court?

My ex withheld disclosure of real estate even though my original attorney had sent interrogatories to him. He did not answer them and my attorney took me to mediation without pressing for full disclosure. I was unaware that full disclosure had not been given. When I discovered the error and... View More

Timothy Denison
Timothy Denison
answered on Aug 8, 2023

No. What you describe above sounds like malpractice.

1 Answer | Asked in Criminal Law and Divorce for Kentucky on
Q: My question: How do I file for half of my ex's pension rewarded to me in the final divorce decree.

My final divorce decree awarded me half of all my ex's retirement investments...

But, during the discovery process of our divorce... My ex DID NOT disclose the pension fund... of which I have just recently been made aware of... Due to my ex having to move this pension fund by August... View More

Timothy Denison
Timothy Denison
answered on Jul 27, 2023

Hire an attorney to file a QDRO (Qualified Domestic Relations Order) for you. If he concealed it’s existence, you probably can file for contempt and your attorney fees as well.

1 Answer | Asked in Divorce for Kentucky on
Q: Does a spouse have to disclose full Social Security benefits, or after tax benefits as his income?

Spouse submitted that he only earned $2095.10 in social security, when he actually earned 3110.00 per month after Medicare. In addition to annuities, is this acceptable? He failed to show his cola and was having $590.90 taken out in taxes. However my income was based solely on cola benefits and... View More

Timothy Denison
Timothy Denison
answered on Jul 21, 2023

No. He should make full disclosure of all assets. Anything else is fraud.

2 Answers | Asked in Divorce for Kentucky on
Q: My wife just told me last night that she she wants to separate which would end in divorce. I have so many questions.

For starters:

How do I protect my assets?

Will we have to split everything 50/50?

Who will my 16 year old son live with?

There has been no petition filed yet. Just need some advice.

Taniesa Velez
Taniesa Velez
answered on Jul 20, 2023

Hello, it would be best to schedule a consultation with an attorney. Here is our free 15 minute consultation link should you be interested in our firm, Velez Law. https://schedule.nylas.com/taniesa-15min-consultation

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1 Answer | Asked in Child Custody, Divorce, Family Law and Civil Rights for Kentucky on
Q: Video recording car / child transfer.

I support a lady from my church with driving for her daughter's transfer in KY state. The girl is around 4 years old. The place is at a gas station and close to the police station. The father is always video recording (usually places his cellphone on his shirt pocket with the lens facing... View More

Timothy Denison
Timothy Denison
answered on May 30, 2023

Let the mother report it to her legal counsel.

1 Answer | Asked in Divorce, Family Law and Child Support for Kentucky on
Q: My exhusband left to mexico for 2 months and got behind on cs.

I get cs directly from the cs office and once he came back, the payments picked up again. However, I have yet to receive any makeup payments from the time he was gone. How do I go about getting the cs I’m owed from his time out of the country? Do I contact the cs office or go to him directly and... View More

Timothy Denison
Timothy Denison
answered on May 23, 2023

Ask directly first and then go to child support if he doesn’t pay.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Kentucky on
Q: I have custody of our son, the father has visitations, does he still have the ability to make legal decisions for him?

Can the non-custodial parent make medical, school, etc decisions for a child just the same as the custodial parent?

Timothy Denison
Timothy Denison
answered on Apr 27, 2023

If you have joint custody, then yes he does. If you have sole custody, then no, he does not.

1 Answer | Asked in Divorce for Kentucky on
Q: Can I get an emergency divorce? He cheated is currently locked up for fighting with the girlfriend again?

My husband cheated I suspect the 4th time after 20 yrs of marriage. He tried to abandon our home and family from what saw as a suicide attempt that landed him in jail after a standoff with the police and dating assault charges. I left the home before he was placed on house arrest. He moved the... View More

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

No. There is no such thing as an emergency divorce.

1 Answer | Asked in Divorce for Kentucky on
Q: Can I get a divorce and alimony from my cheating husband who lives in Kentucky while I'm in California?

I moved from Louisville, Kentucky to California to get away from my cheating husband. I am hoping to continue to stay in California. My husband has cheated multiple times even before we married. I can not accept another after I have loved and cared for him when he was chronicly jobless and... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2023

Possibly, but you will likely have to return to Kentucky if you want alimony. California has no personal jurisdiction over your husband. You can get divorced there regardless, but you’ll have to return to Kentucky to pursue alimony or maintenance.

1 Answer | Asked in Child Custody and Divorce for Kentucky on
Q: Can I get a EPO on my child if she is being abused by the BF but she lives with the mother by court order.

We have joint custody but lives with the mother and my boys live with me.I believe she's being abused by the BF. Can I get a EPO for her? It's a court order that boys live with me and our daughter lives with her.

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

You might be able to but without concrete proof the better move might be to report it to CPS and let them investigate first.

1 Answer | Asked in Divorce for Kentucky on
Q: If I am legally divorced from my spouse but we live under the same roof, do I have to split a big lottery win with him?

We are legally divorced but living together with our children.

Timothy Denison
Timothy Denison
answered on Feb 19, 2023

No. You do not have to split your winnings. They are all yours.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: Me and my wife have been separated for a yr. She moved out,can she still come to the house whenever she wants?

We have been separated for a little over a year, she moved out and has been living in another County for almost that length of time with another man, can she just show up to our home whenever she wants even to get her remaining clothes or whatever else?? She seems to think she can just because her... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 16, 2023

She would be entitled to come back to the house, unless there is a court order, saying she is not. If you are having issues over property, division and money, and her returning to the home, I suggest you hire a lawyer and file for divorce or if you’ve already filed for divorce file a motion in... View More

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1 Answer | Asked in Divorce for Kentucky on
Q: Is my spouse responsible for paying me half of the health insurance while we are separated?

Our families health insurance is paid for out of my paycheck. My husband and I separated. Is he responsible for paying me his portion and half of our children’s portion of the insurance?

Timothy Denison
Timothy Denison
answered on Feb 3, 2023

Not unless the court orders it, no.

1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: How do i keep my husband from moving back in?

He left me in oct 2022. Rented a house. Now that he cant afford to stay there he wants to come back just to live not as my husband. I dont want him back. We both have our names on the house/land deed. Can i keep him gone?

Timothy Denison
Timothy Denison
answered on Jan 28, 2023

Legally, you can’t keep him from coming back. Best to get the divorce filed quickly, get the house divided and buy him out of his share.

1 Answer | Asked in Divorce for Kentucky on
Q: Will I have to split a lottery win with my husband if we divorce after I win?

We have separate bank accounts and I bought the ticket.

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

Yes. You will have to split it.

1 Answer | Asked in Divorce for Kentucky on
Q: Kentucky. Business debt accruing after filing for divorce but before it is finalized.

My friend and his wife have filed for divorce and own and operate a business together. They are not legally separated. He bought equipment for the business after filing for divorce, but she did not know about it. Will that debt be shared, or will it be his?

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

It’s a marital asset so it will have to be divided.

1 Answer | Asked in Divorce for Kentucky on
Q: Is it legal for a judge to order a new deed be made out to an x-wife in her maiden name when I didn't sign a quit claim

The deed and title were in my name and I DID NOT want to sell ! I bought it with a V.A. guaranteed loan!

Timothy Denison
Timothy Denison
answered on Jan 9, 2023

Yes. The court has the authority to order a new deed. Happens all the time.

1 Answer | Asked in Divorce for Kentucky on
Q: What are the rules for receiving VA disabaility if a divorce has been filed.

I filed November 2021. Husband has received VA Disability for me and my three children, one of which is not his the entire time and has not given that to me or the kids. He has kept it all even though we moved out in November 2021.

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

First, who is the vA disability rated on? You or your husband?

1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: I have no clue what to do or where to even start please help!

My husband and I are going through a CPS case and he has not been following the case plan and has started smoking marijuana again. He said he will not be stopping again even though he stopped for 6 months during this and I have no clue what to do other than get a divorce but I am 6 months pregnant... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Find yourself the best divorce lawyer you can and file for divorce. The court can require your husband to contribute and support you.

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