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Kentucky Divorce Questions & Answers
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.

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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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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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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2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If me and the wife both own the house,and her dad sold his and put the down payment on it,

How is it she is entitled to get that money back if i have to buy her half out if it not a marital asset. That makes absolutely no sense whatsoever. It was his house,he sold it,even if her name was on it or it was gonna be left to her in his will. If inheritance cant be shared by divorcing spouses... View More

Anna Aleksander
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Anna Aleksander
answered on Mar 20, 2023

It is possible to make an argument that the down payment was a gift to the marital estate. However, if dad testifies that this was not the intent, the check was made out to daughter only not to daughter and husband, it is likely non-marital. Inheritances are usually non-marital and separate... View More

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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: The wife and I have been separated for a year and she has been moved out of the home for almost that amount of time.

We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you... View More

2 Answers | Asked in Immigration Law, Divorce and Family Law for Kentucky on
Q: I am a 59 year old American man who married a Chinese woman from china, she is 54,

She came to the usa in 2019 on a K1 visa, we were married and applied for adjustment of status, we received a deny notice in April 2022 due to previous visa fraud issues on her part which I was unaware of, in September 2022 we received final denial of her AOS, once I explained to my wife what our... View More

Agnes Jury
Agnes Jury
answered on Dec 5, 2022

Ideally you should hire an attorney who practices both immigration and family law. This way the attorney will be able to make sure the grounds for the divorce are appropriate (limiting your wife's ability to sponsor herself for a green card) and protect you as to any potential spousal support... View More

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1 Answer | Asked in Divorce for Kentucky on
Q: Would it be better to redeed gifted property so that it is not considered in marital property.

We were gifted property by my dad. I am wanting to redeed the property back into my dad's name before I file for divorce. Am I able to do so?

Timothy Denison
Timothy Denison
answered on May 17, 2024

You are able to do so if she agrees to sign off on the deed back to dad. Otherwise you are stuck.

1 Answer | Asked in Contracts, Divorce, Family Law and Child Custody for Kentucky on
Q: Contracts forced through duress. Using visitation for children. Contract allows full power to the monitor.

At any moment criminal action may be placed on the male with justification. The court is has been one sided through entirety of divorce. Female has only made gains through control of child, childsupport, and revenue from estate. Through deceit aided by professional counsel and judgment from a... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

More I formation is needed. What contract are your referring to?

1 Answer | Asked in Child Support, Divorce and Domestic Violence for Kentucky on
Q: Which age the child can be removed to child support
Timothy Denison
Timothy Denison
answered on Apr 30, 2024

What is your question?

1 Answer | Asked in Divorce for Kentucky on
Q: How can i file for divorce if I only know what city and state my wife is in and do not have an exact address?

Me and my wife have been separated for almost 5 years. We tried and tried to reconcile of differences but things seem to have gotten worse. My wife had fell victim to drug abuse and was arrested so me and i have custody of our three minor children. She has moves three times since i initially... View More

Timothy Denison
Timothy Denison
answered on Apr 8, 2024

You’ll need to hire a private investigator to get a good address and make sure she is properly served. Shouldn’t be hard for them to find her if you have some info.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for Kentucky on
Q: Can a recently divorced husband draw up contractual paperwork with a lawyer that the wife "fired" (Kentucky)?

He is recently divorced. She fired the lawyer before finalizing their divorce, but he went to that lawyer post-divorce to ensure his rights as a father in Kentucky were being followed by both parties. She refuses to sign any paperwork from this lawyer because she claims "conflict of interest".

Timothy Denison
Timothy Denison
answered on Mar 29, 2024

It is a conflict and the lawyer could be disqualified.

1 Answer | Asked in Divorce for Kentucky on
Q: Does my spouse have 20 days to turn in her divorce papers? What if she doesn't?

I have all the documents. I went to file they said i needed her signature also. I thought she had to mail in the papers that I certified mailed her i put a self addressed and stamped envelope to be mailed back in. And she had 20 days to do so? Cant i just file and the judge will grant it. We have... View More

Timothy Denison
Timothy Denison
answered on Mar 19, 2024

No. She has to voluntarily file her papers or you will have to have her served. Service upon her starts the 20 days running

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.

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.

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