TELEVISION STAR JULES WAINSTEIN FACING CHILD CUSTODY BATTLE

Fans in Kentucky and throughout the nation have been following a developing situation between television star Jules Wainstein and her estranged husband. The two are apparently engaged in a contentious child custody battle. A court Justice recently commented that he refuses to allow a television program to sway his decisions.

Allegations of drug abuse against Wainstein have complicated matters between her and her former spouse. An attorney for Wainstein’s estranged husband said a summer episode of the Real Housewives show in which Wainstein stars serves as evidence of her drug abuse problem. The particular episode in question is said to include scenes where Wainstein admits carrying Percocet and lidocaine with her wherever she goes.

Reportedly, the mother of two has also spent time in a rehabilitation center for eating disorders and drug abuse. A sitting Justice in a matrimonial court stated stronger evidence is needed to prove Wainstein’s alleged substance abuse problem other than what might have been shown or said in a television program. When asked about the situation, Wainstein told reporters she is prohibited from speaking about the case.

The actress has requested $25,000 a month in child support and spousal assistance. Her former spouse had already agreed to pay $200 per month for food, as well as all costs associated with the children’s nanny care, housing and education. The court has the final say in matters concerning child custody; however, a concerned parent in Kentucky or elsewhere can ensure that his/her voice is heard by acting alongside representation from a family law attorney.

Source: New York Daily News, “‘Real Housewives’ star’s child custody battle gets ugly“, Victoria Bekiempis, Nov. 16, 2016

DIGITAL DATA CAN COME BACK TO HAUNT DURING DIVORCE

When a spouse is suspicious that money is being hidden or some other dishonest activity is taking place, he or she can ask the court to order that the other party hand over all digital devices. Those devices can be taken to a professional, who will be able to extract an astounding amount of information. Even if the party has done nothing wrong in regard to depleting marital wealth or hiding assets, the information gained by the other party can certainly be used to harass or humiliate.

In order to protect against such an outcome, it is important to take steps to protect one’s digital data or to delete material that is not of consequence to the divorce process. For someone who is not abreast of current technology, that can be a challenge. Fortunately, many of the same professionals who are called in to extract information can also be hired to permanently remove files from a device.

Of course, before any such action is taken, it is important to speak with a divorce attorney to ensure that nothing is removed that should be shared with the other party and his or her legal counsel. That said, there is nothing wrong with wanting to protect one’s privacy. This is especially true during a Kentucky divorce, when spouses are not always as emotionally stable as in happier times.

Source: The New York Times, “In a Divorce, Who Gets Custody of Electronic Data? The Lawyers“, Jonah Engel Bromwich and Daniel Victor, Oct. 31, 2016

 

5 FACTS ABOUT GETTING A DIVORCE IN KENTUCKY

It’s challenging to think about the dissolution of marriage in a positive way. However, consider that if a protracted battle ensues, all future dealings with your spouse could take an emotional toll on you that is simply not worth it. The proceedings might last a year or less, but long term decisions like child support and grandparent visitation can have an impact for decades.

Whatever your particular path to divorce may be, obtaining some facts about divorce in Kentucky is a good first step.

1. Grounds for divorce

Every state in the nation offers some form of no-fault divorce, and Kentucky is no exception: You will not have to prove fault as grounds for a divorce.

2. Am I able to file now?

If you have been a resident of Kentucky for at least 180 days, you have fulfilled one requirement to file for divorce. Be careful to file in the county where you reside. Additionally, you must have been separated from your spouse for 60 days or more.

3. What about property?

In Kentucky, the marital property division follows the “equitable distribution” doctrine. This means that property distribution may not necessarily be equal, but will be divided with the intent of both parties being on similar financial footing after the divorce.

4. What if I don’t want to go to court?

Most divorce cases never go to trial. You and your spouse may be able to settle your case with the help of your attorneys, or with a qualified mediator.

If you are about to go through a divorce in the state of Kentucky, you don’t have to weather the storm alone–an experienced attorney could help your outcome immensely. A skilled and experienced family law attorney can work with you to achieve the best possible outcome for your case.

DISSIPATION OF ASSETS IN A HIGH ASSET DIVORCE

When faced with the end of a marriage, some Kentucky spouses will act in ways that are uncharacteristic of them. This is especially true in regard to financial matters, where individuals can easily become extremely upset and sometimes downright unreasonable. An example is found in a practice known as dissipation of assets, in which one spouse intentionally acts to deplete the amount of marital wealth that will be subject to property division in a high asset divorce.

Dissipation of assets can take many forms. In some cases, spouses spend exorbitant amounts of money conducting one or more extramarital affairs. For other couples, dissipation of assets takes the form of excessive spending in the timeframe leading up to a divorce. Some spouses are simply so overwhelmed by anger or bitterness that they would prefer to waste money rather than hand over a portion of that wealth to their soon-to-be ex.

Dissipation of assets is a serious matter, and can be difficult for an individual to address on his or her own. Fortunately, there are professionals who are highly skilled at combing through a couple’s financial documents in search of evidence that money has been improperly spent. The resulting evidence can make a world of difference when it comes time to negotiate property division or to take the matter to court.

Kentucky residents who are concerned about dissipation of assets should consult with a qualified divorce attorney to determine the best course of action. In many cases, simply having proof that assets have been intentionally depleted is enough to convince the other party to act reasonably during property division negotiations. If the matter does end up in front of a judge, being able to prove one’s claims can result in a favorable high asset divorce outcome.

Source: Forbes, “What Is Dissipation Of Assets In Divorce And What, If Anything, Can You Do About It?“, Jeff Landers, Nov. 1, 2016

EX ACCEPTED ALIMONY FOR YEARS AFTER DIVORCE AND REMARRIAGE

An example is found in the case of a man who recently sought advice concerning long-standing alimony payments. At the time of the divorce, his wife was a stay-at-home mother and had minor children living within the home. However, after her youngest child went to college, the mother re-entered the workforce. Her former husband estimates that she now makes in excess of $100,000 per year.

She also remained living in the family home, which no longer had a mortgage. Her former husband was aware that she moved her boyfriend into the property some time ago. However, he was unaware that she went on to marry the boyfriend nearly 9 years ago. In the time since, she has continued to accept alimony payments, even though she remarried.

Her former husband is looking for advice on how to cease ongoing alimony payments and perhaps have a portion of his payments returned. In order to do so, he will need to approach a family law court and make a strong argument that his wife was wrong to continue cashing checks long after her divorce and remarriage. His story serves as a warning to all Kentucky spouses of the need to remain informed about the marital status of a spouse who is also the recipient ongoing spousal support.

Source: Boston Herald, “Divorce 101: Ex took alimony for years after remarrying“, Gerald Nissenbaum, Oct. 23, 2016