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Kentucky Divorce Questions & Answers
1 Answer | Asked in Child Custody, Criminal Law and Divorce for Kentucky on
Q: Can my soon to be ex husband take custody of my kids away due to fiances former drug use ?

My fiance and I split due to his addiction - my 4 children from my previous marriage live with us and he was using while living here for a while - we decided to split due to his addiction. He is now clean and we are trying to reconcile but the issue is my soon to be ex husband (divorce isn't... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

It is possible but really unlikely unless your fiance is currently on drugs.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Kentucky on
Q: If my fiance and I broke up due to his drug use, he's now sober and we're together can kids dad take my kids away

My fiance and I broke up because he relapsed, he is now clean. My 4 children from my previous marriage live with me and their father states he will take full custody of them if my fiance moves back in. Can he do that ?

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

Not if your new husband is clean and sober and remains so. Very difficult to change a joint custody designation.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Kentucky on
Q: do I need to change venues from original state to current state?

Spouses really took son out of state of original where minor child was born in resided, have been trying to use the court as a sword rather than shield

separated spouses are in a disillusion and a legal dispute over custody of a minor child, separated spouse has been stalking social... View More

Timothy Denison
Timothy Denison
answered on Jan 24, 2024

Venue is proper where the child currently resides.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Civil Rights for Kentucky on
Q: I have concerns about harassment from my Ex -Husband and his wife. Divorce occurred 11/2016.

He is already on his second marriage past ours. His current wife sent downgrading, belittling text messages at all different hours and times of day night. Not including or limited to 4:02 am, midnight Am/PM, etc. My ex husband did and does yeh same thing. Started really bad October 2022, in May... View More

James L. Arrasmith
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answered on Jan 22, 2024

Dealing with ongoing harassment from an ex-spouse is a difficult and distressing situation. It's important to take steps to protect yourself. Since you've already sent a cease and desist letter and the harassment has continued, the next step may be to consider legal action.

In...
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1 Answer | Asked in Child Custody and Divorce for Kentucky on
Q: Can I still get 50/50 custody after my wife lied and got aDVO against me after I told her that I wanted a divorce?

I live in Kentucky, I have no police record and the first lawyer I had didn’t challenge the validity of text msgs my wife claimed were from me. The first time I ever heard of domestic violence concerning my marriage was after I refused to move into my wife’s mother’s house with her and our... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2024

Possibly. You need to consult a family lawyer and determine exactly how to proceed before you make a move.

1 Answer | Asked in Civil Rights, Divorce and Family Law for Kentucky on
Q: Is my realtor giving my phone number to my ex after being asked not to a privacy violation?

I am going through a divorce and the marital home is for sale. When hiring the realtor, I asked that my number not be given to my soon to be ex husband, due to previously changing my number because of harassment by him. I was verbally promised my number would never be shared with him or disclosed... View More

James L. Arrasmith
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answered on Dec 9, 2023

In your situation, where your realtor shared your phone number with your ex-husband despite a verbal agreement not to, it could potentially be considered a violation of your privacy. The key issue here is the promise made by the realtor and whether it can be legally enforced.

Verbal...
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1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: KY divorce. Judge entered Findings of Fact / property division on November 3. I want to appeal. By when do I need to fil

file the intent to appeal? By Dec 3? Or by 30 days after the final judgement order which will be in January? Looking for a lawyer currently.

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

You have to appeal within thirty days of the date of entry of the order. If it was entered November 3, your notice of appeal would be due December3. December 3 is a Sunday, so by rule you would have until Monday, December 4, within which to file your notice.

1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on
Q: Do I legally have to send my 6-year-old to his father’s house when he doesn’t want to go? 50/50 custody, no set days

My son is 6. His dad & I co-parent & are both very present in his life, which is why we settled on 50/50 custody & no specific set days- we knew we could get along to do so. Fast forward, now my son’s dad is remarried & his new stepson has severe behavior/authority issues and... View More

Timothy Denison
Timothy Denison
answered on Nov 17, 2023

Yes. You do until the court changes or modifies the parenting schedule.

1 Answer | Asked in Divorce for Kentucky on
Q: If a spouse leaves a house in ky married for 9yrs name is not on the deed house has been paid in full

Is she in titled to the house.

Timothy Denison
Timothy Denison
answered on Oct 23, 2023

She is entitled to a portion of the house, yes. It is marital property.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If my husband put the down payment on our first house is he entitled to all of it back if we divorce in Kentucky?
T. Augustus Claus
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answered on Oct 18, 2023

In Kentucky, during a divorce, property division is typically based on equitable distribution, not necessarily giving the full value of the house to the spouse who made the down payment. Various factors, including contributions from both spouses, are considered. For personalized legal advice... View More

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1 Answer | Asked in Divorce for Kentucky on
Q: can i go to jail for taking money from her private account without being on it.. i had access to it for months

it was a debit card..i had my paychecks direct deposited into the same account. she was cheating on me

Timothy Denison
Timothy Denison
answered on Oct 3, 2023

Yes. You can. Her cheating on you has nothing to do with this crime.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If I file for divorce, win a major lottery prize & don't claim it until after the divorce...will I have to split it?

Will I have to split the winnings with my ex spouse if I wait until after the divorce is final to claim the prize?

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

Kentucky is a an equity state and a Court would have to determine what is equitable / fair for both parties. If the ticket was purchased and the lottery drawing was during marriage then she would likely be entitled to a percentage of the profits as the tickets were likely purchased with marital... View More

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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 Divorce for Kentucky on
Q: What is proof (KRS 403.02) in the divorce papers? I keep getting my uncontested divorce denied because of this.

Either it’s missing or over 90 days, but I have no idea what it is.

Timothy Denison
Timothy Denison
answered on Aug 8, 2023

Proof is reaffirmation under oath of the statements you made in your petition.

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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2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: Would the husband of a remarried woman with kids still be considered a "paramour" legally?

My girlfriend and I are considering marriage. There is a clause in her divorce stating she may not have overnights with a paramour while the kids are around. After marriage, would I (her then husband) still be considered a paramour?

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

There are two generally accepted definitions of a paramour, neither of which would apply if you marry your girlfriend.

One definition--occasionally used in family law situations--is the illicit romantic or sexual partner of a married individual. Sometimes, in divorce proceedings, a divorce...
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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.

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