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Kentucky Divorce Questions & Answers
1 Answer | Asked in Divorce, Domestic Violence and Family Law for Kentucky on
Q: Will I get the house in divorce in Kentucky with an EPO on my husband?

In the process of divorcing my husband in Kentucky, I currently have an Emergency Protective Order against him due to his assault on our minor children. The house we live in is solely in his name. Will the court likely grant me the house in the divorce, considering these circumstances?... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

Not necessarily. All the assets and debts will have to be identified and valued. If you reach an agreement with your spouse that you get the house, then you likely will. If you are expecting the Court to award you the house just because you have a DVO and are currently living in it, that very... View More

1 Answer | Asked in Divorce and Child Support for Kentucky on
Q: How should we structure the agreement to ensure the child support is legally valid?

My spouse and I are currently separated, and we are in the process of filing for divorce in Kentucky. We have a child custody order from a Virginia court, but we do not want to include child support in the Kentucky divorce filing. Both of us is currently looking for jobs but not working , and we... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

You would use language confirming that both of you have made full disclosure of all income and asset and that you have consulted the Kentucky Child Support Guidelines. You would also say that based on the agreement of the parties, neither party shall pay child support at this time and that the... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Kentucky on
Q: How will a couple’s divorce impact my rights on a property I co-own with them?

My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More

Anna Aleksander
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Anna Aleksander
answered on Mar 26, 2024

This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More

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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 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 Divorce, Family Law and Child Custody for Kentucky on
Q: How can we file for an uncontested divorce and address paternity when I am not the biological father of my wife's child?

I have been separated from my wife for four years, and we are preparing to file for an uncontested divorce. During our separation, my wife had a child with another man last year, but I am listed as the presumed father. My wife resides in Tennessee, and I reside in Kentucky. We both agree that I am... View More

Timothy Denison
Timothy Denison
answered on Mar 31, 2025

You simply need to recite that the child is not born of the marriage and that you are not the biological father and that the presumption that a child born during the marriage is of the marriage has been rebutted.

1 Answer | Asked in Divorce, Estate Planning and Landlord - Tenant for Kentucky on
Q: Can ex-wife claim money from account after recent divorce in KY?

My father recently finalized his divorce, and I am his power of attorney (POA). A few years ago, he created a will leaving all his assets to his wife. Since then, he's been very sick and intended to change his will, but hadn't done it yet. He recently gave me a significant check from a... View More

Timothy Denison
Timothy Denison
answered on Mar 14, 2025

Depends on whether she was entitled to it under the marital settlement agreement. If so, then she has a claim to some portion or all of it. If she was not entitled to it, then she does not have a claim for any of it.

1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: I need to confirm whether Kentucky courts accept notarized signatures from a Canadian notary on the required forms?

My husband lives in Kentucky and will be filing for divorce under his name, while I currently reside in Canada. Additionally, does the Marital Settlement Agreement (Form 7) need to be signed by both spouses together, or can we sign separately? If we must sign together, how can we fulfill this... View More

Timothy Denison
Timothy Denison
answered on Mar 12, 2025

They will accept the Canadian notary. You each can sign identical documents and file them with the court.

1 Answer | Asked in Divorce, Landlord - Tenant and Contracts for Kentucky on
Q: How to enforce lease payment division after property ownership change post-divorce in KY?

My ex-husband and I had a lease agreement with a cell phone company for a tower on land that we owned jointly. Our divorce decree specifies that we split the lease payments 50/50 for as long as the contract exists. Recently, the lease was renewed, but now the land is solely in my ex-husband's... View More

Timothy Denison
Timothy Denison
answered on Feb 28, 2025

Make a motion in your divorce case to hold him in contempt. The court will enforce the agreement.

1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: Do I have to split lottery winnings with husband if legally separated in Kentucky?

If I am legally separated from my husband, and we still live together in Kentucky, and I win the lottery for more than $100,000,000, am I required to split the winnings with him?

Timothy Denison
Timothy Denison
answered on Feb 22, 2025

No. Not if you are legally separated, you do not have to split winnings with him.

1 Answer | Asked in Divorce and Child Custody for Kentucky on
Q: Can we file for divorce without child custody despite mother having custody?

I am seeking a divorce from my spouse, and we have an 11-month-old child. However, my mother has full custody of our child based on a formal court agreement since September last year. We have visitation rights but do not pay child support. Can we proceed with the divorce paperwork as 'without... View More

Timothy Denison
Timothy Denison
answered on Feb 16, 2025

You will need to file and address custody given the current custody situation, which should be referenced in the petition.

1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: How can I legally ensure I receive half the profits from the sale of our family home while remaining married?

Divorce is expensive. Looking in to all our options wile still protecting both parties.

Timothy Denison
Timothy Denison
answered on Feb 7, 2025

You simply do not sign the deed transferring the property until you have been paid your 1/2 of the equity at the closing on the sale.

1 Answer | Asked in Divorce for Kentucky on
Q: Is there a specific form for dismissing your divorce petition in Kentucky to file with the courts?
Timothy Denison
Timothy Denison
answered on Dec 6, 2024

No. You simply file a motion to dismiss the case, put it in motion hour, send a copy to the opposing party and then show up for the motion.

1 Answer | Asked in Divorce for Kentucky on
Q: I wanted to know how long it takes to start receiving my ex-husband government retirement benefits aft divorce.

Our divorce was final August 7th, 2023. I have not received any funds yet. Can you assist with this question?

Timothy Denison
Timothy Denison
answered on Oct 27, 2024

Those questions depend on when he retires and various plan elections. You should call DFAS in Indianapolis and give them your specific case information to get the correct answer.

1 Answer | Asked in Divorce and Domestic Violence for Kentucky on
Q: In the state of Kentucky what is the law on abandonment?

Im needing to know what my options are, I got with my husband in 2020 and he knew that my health was bad and he was fine with supporting me and even insisted on me not trying to work that I try and apply for disability so I'm still fighting for that currently. I depend on him for absolutely... View More

Timothy Denison
Timothy Denison
answered on Oct 26, 2024

It doesn’t sound like abandonment but it does sound like you need to separate from him. There are a number of services that can help you financially once you are away from him. It’s tough to be faced with this anytime, especially silly if you are ill, but the time to make a new start is now.

1 Answer | Asked in Divorce for Kentucky on
Q: how do I properly register a legal separation agreement from colorado in boyd county ky?
Timothy Denison
Timothy Denison
answered on Oct 22, 2024

Go to the clerks office in Boyd. They have a foreign judgment form you can use to register your legal separation.

1 Answer | Asked in Divorce for Kentucky on
Q: My wife her and her boyfriend has stolen every thing I had all we got left is a build we bought and land she inherited

She lives with her boyfriend shouldn't I get the land and buliding

Timothy Denison
Timothy Denison
answered on Oct 21, 2024

First, you have to prove what they stole. If you can, you might be able to keep the land. If not, it’ll probably be divided equally in a divorce proceeding.

1 Answer | Asked in Divorce for Kentucky on
Q: 15 yrs married she's a whore can I make her sell and split everything inherited or not
Timothy Denison
Timothy Denison
answered on Oct 18, 2024

You cannot force a split of inherited (non marital) property. You can force a split of all property acquired during the marriage ( marital property).

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