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Kentucky Divorce Questions & Answers

1 Answer | Asked in Divorce for Kentucky on

Q: My husband is filing for divorce, been married 24 yrs kids are grown and I'm on disability for lupus. Do I have to leav?

Do I have to leave our home he says I will even though I have not had a significant income since diagnosed and my family lives in Florida where I'm from.

Timothy Denison answered on Sep 12, 2019

No. You do not have to leave. You should hire a reputable divorce attorney to represent you to ensure you don’t get screwed.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Kentucky on

Q: We are just starting the divorce proceedings. My son, 11, wants to stay with me in KY. His mom is in another state.

His mom filed for over $500 a month in child support and stated our assets are over $150,000 in the home. She claims only $500/mth income but she also gets disability. (1) can she get child support when he is living with me? (2) She's asking for an large amount for the home. Can she force me to pay... Read more »

Timothy Denison answered on Sep 10, 2019

If the child is here with you in Kentucky, you can file here in Kentucky. None of the things she told you are true but you need to hire an attorney and file quickly.

1 Answer | Asked in Divorce for Kentucky on

Q: My friend wants divorce, they have been separated bout 6 years . At time he couldn’t afford pay lawyer. Th

The son always lived with his father . And now in college is 18. The mother lives in Ohio with man . So what can be done on his behalf and won’t cost much h

Timothy Denison answered on Aug 28, 2019

Just a simple divorce should wrap it up unless there are property issues.

1 Answer | Asked in Child Custody and Divorce for Kentucky on

Q: My husband left the state and no current address. We have 3 kids. Can I get sole custody since he abandoned them?

He has no plans on returning. Does want to video chat them. How long would the divorce custody take since he left?

Timothy Denison answered on Aug 23, 2019

You can get divorced and temporary custody by virtue of a warning order attorney without him actually being served. However, he will need to be personally served with the petition before a permanent custody order can be entered.

1 Answer | Asked in Divorce for Kentucky on

Q: Can I force my wife to refinance before her given time in the divorce decree?

Filled out a quiet claim

Timothy Denison answered on Aug 14, 2019

Not if there is an agreed time or court ordered time in the decree.

1 Answer | Asked in Divorce for Kentucky on

Q: Am I entitled to any of my husbands retirement? We were married the whole time

Married 24 years he left with no warnings, will not file for a divorce after 8 months and will not consider counseling

Timothy Denison answered on Jul 31, 2019

You are entitled to 50% of his retirement for the time you were married.

1 Answer | Asked in Divorce and Family Law for Kentucky on

Q: Lived apart over 8 yrs,property divided, child custody agreed upon. Do we still file reg. divorce or quicker option?

Both parties in agreement on all legalities, children are both adjusted, (it's been over 8yrs, but child custody arrangement changed almost 5yrs ago) The custody arrangement was done in family court due to separate issue.

We are both in agreement on all issues. All friends & still family... Read more »

Timothy Denison answered on Jul 24, 2019

File regular divorce. If all agreed upon, should be completed in 60 days or so.

1 Answer | Asked in Divorce for Kentucky on

Q: I am in prestonsburg ky and have been try since March to get divorce from a man I had to get a dvo on him

He abused me cut my throat beat me bad now I can't seem to get no where with this divorce please what can I do March is a long time trying to get this

Timothy Denison answered on Jul 16, 2019

Hire a local Prestonsburg attorney and file a petition for divorce.

1 Answer | Asked in Divorce for Kentucky on

Q: Judge will not settle divorce.

In Divorce, we were unable to agree to a financial settlement. So, it was left up to the Judge. I was told he'd complete it by January-2019, at the latest. Since that time, I’ve heard nothing. My attorney says the judge will not respond to request for a timeline. Unfortunately, the interim... Read more »

Timothy Denison answered on Jul 12, 2019

You can file an AOC 280 Notice of Submission form in the case, which in theory requires the Court to get a decision out in 60 days. Of course, the question then becomes: will the judge get the opinion out it just ignore it.

2 Answers | Asked in Divorce for Kentucky on

Q: Are there any advantages in filing for divorce first? I suspect my husband has retained an attorney.

Anna Aleksander answered on Jul 10, 2019

Not really. Shouldn't matter in the ultimate outcome.

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1 Answer | Asked in Divorce and Child Custody for Kentucky on

Q: I'm in desperate need of answers. Please help!!!

All parties involved live in Kentucky. My boyfriend has been separated from his ex wife for a year and a half now, but they are still married. He and I are expecting a baby boy at the end of next month and she claims that because they are still married, our child would be considered hers since he... Read more »

Timothy Denison answered on May 16, 2019

You child is not considered hers. Your divorce can be finalized anytime. Nothing about your pregnancy affects her divorce.

1 Answer | Asked in Divorce for Kentucky on

Q: 30 years of marriage I haven't held a job over 6 mths at a time. What am I entitled to when we divorce

Timothy Denison answered on Apr 19, 2019

Theoretically, one half of everything marital and possibly maintenance depending on spouses income.

2 Answers | Asked in Divorce for Kentucky on

Q: My inheritance was used as a down payment on a home. I have never spent a night there. Do I get it back?

Anna Aleksander answered on Apr 10, 2019

If you used non-marital funds to purchase property the non-marital funds invested will continue to be your non marital property. There are exceptions to this and much depends on the specific funds, whether or not there will be offsets etc... The very basic simple example is as follows: you... Read more »

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1 Answer | Asked in Divorce for Kentucky on

Q: What can i do if me ex hasnt paid me the money the divorce papers say he has to?

Timothy Denison answered on Apr 3, 2019

File a motion to hold him in contempt in your divorce case

1 Answer | Asked in Divorce for Kentucky on

Q: I was awarded half of my ex husband's 401k in divorce. Will a lawyer take payment out of settlement?

Timothy Denison answered on Apr 3, 2019

Some will, some won’t. It’s really on a lawyer by lawyer basis.

1 Answer | Asked in Divorce, Family Law and Child Support for Kentucky on

Q: Just want to pay child support but can't figure out what I would pay. Ready to end the misery.

I'm tired of fighting for what is right for my son & getting smacked around by the ex-husband and the judge. Mediation was a joke. Sunday I took son's car away as punishment for being disrespectful to me. Just want to pay child support & walk away. I can't afford an attorney.

Timothy Denison answered on Mar 16, 2019

KRS 403.211 sets out the child support guidelines based on income. You can get a fairly good idea what to pay and then walk away from that poisonous situation.

1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on

Q: Me and my ex are getting a divorce, I am the mother he is filing for sole custody with me having no rights to them.

We have 4 children together they r 10,8,7,4 and I have always been the stay at home mom all my kids lives. my ex was very abusive physically n mentally and he also raped me before I left him n my oldest son was awake when he did.. I left on the 29th, Oct, 2018 I had them til Feb 1st, 2019 now he... Read more »

Timothy Denison answered on Mar 16, 2019

Contact Legal Aid or your local bar association. They can help you fino a pro bono or reduced fee attorney.

1 Answer | Asked in Divorce for Kentucky on

Q: How can I find out if I am still married for free

Timothy Denison answered on Mar 14, 2019

Got to the courthouse and check the divorce file.

1 Answer | Asked in Divorce for Kentucky on

Q: Mediation was a joke. What are my options? (Mediator=*M* in the information section)

Judge sent us to mediation today. *M* separated us after 3 min. *M* told me if HE ignores new order, no consequences. No accountability for him lying to judge? Not being compliant? 3 orders (Feb/Mar/May 2018) for same issue today. Hearing this, my body starts shaking, untouched walker starts to... Read more »

Timothy Denison answered on Mar 9, 2019

See my previous answer.

1 Answer | Asked in Divorce for Kentucky on

Q: Can I request a new family judge?

Ex ordered 3X (Feb/Mar/May 2018) to pay medical bills & sports fees for son. I filed motion & went to court 3/1/19. He told judge he paid all the bills. I had proof he paid 1of 6 medical & no sports. She gave him a week to bring receipts back next Friday (3/8/19) Went today & had mediation. What a... Read more »

Timothy Denison answered on Mar 9, 2019

You cannot have a new Judge and you do need an attorney, especially if you are having anxiety attacks. Your attorney can advocate for you I’m different ways as well as bring legitimacy to your clams. It is very frustrating as a litigant with an attorney, much more so even if you are pro se.

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