SHOULD YOU TAKE YOUR DIVORCE TO COURT OR NOT?

Relying on a judge who may only see a Kentucky couple for a matter of minutes to make decisions on their behalves that will affect the course of their futures does not make much sense for many people. Judges may know the law, but they do not know the dynamics of the families that come through their courtrooms. Moreover, judges are often limited to a certain number of decision-making factors when issuing a ruling.

Couples who decide to stay out of the courtroom can often design a settlement that includes ideas that are more tailored to their needs. In fact, as long as they do not violate any Kentucky family laws or public policies, couples may consider solutions that are more “outside the box” than judges can offer. This often results in more satisfying settlements, which each party may be more willing to adhere to in the future.

When getting down to brass tacks, divorce is about making financial arrangements and determining custody arrangements. Emotions have little to do with this process. The more that each party can keep his or her mind focused on establishing as secure a future as possible for him or herself and any children involved, the better off everyone will be.

Source: Forbes, “A Fairy Tale Divorce: America’s Struggle With Breaking Up“, Stephan Rabimov, July 17, 2017

 

DOES YOUR OCCUPATION MEAN YOU ARE HEADED FOR A MILITARY DIVORCE?

Researchers are always trying to determine what factors lead to the end of marriages. Recently, Zippia, a career website, conducted its own study using U.S. Census data to determine what occupations see the most divorces by the age of 30. Service members here in Kentucky and elsewhere may be interested to know that three of the top 10 spots were filled by U.S. military occupations. Does a service member’s occupation mean he or she could be headed for a military divorce?

The number one spot went to those who coordinate the activities and lead the operations conducted by enlisted personnel. An astounding 30 percent of these service members face divorce. Next were those enlisted personnel involved in air weapons and tactical operations. When the divorce rate for all military personnel was examined, it was discovered that the rate was 15 percent.

The high instance of divorce is attributed to the unique challenges facing military personnel and their families. Issues such as pay, deployments and the dangers many soldiers face tend to put undue stress on a marriage. It should not come as a surprise that more frequent and/or longer deployments increased the number of divorces as well. Moving around frequently may also play a role in the end of many military marriages.

Of course, military couples also face the same trials and tribulations of civilian couples here in Kentucky. Therefore, they must also deal with the same issues when they end their marriages with other issues specific to serving in the Armed Forces added to the mix. Those additional issues that are exclusive to a military divorce often require the assistance of an attorney who understands how a divorce affects both the service member and his or her spouse.

Source: MarketWatch, “Americans in this field have the highest rate of divorce by age 30“, Kari Paul, July 15, 2017

 

HOW DOES KENTUCKY VIEW YOUR CHILD CUSTODY PLANS?

Here in Kentucky, like most other states, it is the best interests of the children that matter. Your and your spouse’s interests take a back seat to this concern. You and the court may be of the same mind on this point, but at the same time, you need to be sure that your plan is feasible for the two of you as well. Otherwise, it could be doomed before it begins.

Fortunately, the courts tend to favor you and your spouse creating a parenting plan that results in shared custody. Having as much time as possible with each parent is often seen as promoting the best interests of the children. Regardless of your marital relationship, you may also agree that the children need and love each of you. Your parenting plan provides this to the best of your ability while taking your schedules into consideration, as well as your living arrangements and other relevant factors.

Determining the best way to achieve this goal could require some assistance. An attorney may be able to provide you with assistance from third parties to help you with your plan. In addition, a child custody attorney can help you make sure that your parenting agreement complies with all current laws and will meet with the approval of the court.

 

A DIVORCE WITHOUT THE BATTLE? YES, IT’S POSSIBLE

Contentious courtroom battles, strained relationships and fighting over the china are increasingly becoming a thing of the past. Lots of couples, including many here in Kentucky, are turning to alternative methods of resolving their divorce issues. The methods provide a friendlier atmosphere that fosters compromise and cooperation, which often leads to a more satisfying settlement than those received in traditional courtroom divorces.

A Kentucky couple does not have to be in complete agreement regarding their issues in order to benefit from either mediation or collaborative divorce. It is only necessary to be able to work together and not have major disagreements. One of the greatest benefits that most couples gain from using these methods is the ability to control the outcome.

Whether a couple chooses collaborative divorce or mediation, the parties are encouraged to resolve their issues together. Mediators, attorneys and others involved in the process can help guide them and provide much needed advice. Agreements can be made that would be considered “outside the box” in a courtroom. The settlement can be tailored to the needs of the individuals and the children, if any. Whatever agreement results from the process, it will still require the approval of the court.

Approval from the court requires that the divorce settlement complies with current Kentucky family law and does not violate any public policies. An attorney can help ensure that a couple’s agreement meets these standards while still allowing them to create an agreement that satisfies both parties. Even as the marriage ends, a couple can part ways in a more amicable, less stressful and less costly environment.

Source: FindLaw, “Divorce and Out-of-Court Proceedings: Alternative Dispute Resolution“, Accessed on July 2, 2017