On behalf of Tasha K. Schaffner of Schaffner Family Law posted on Wednesday, July 25, 2018.
One of the most frustratingly important parts of a divorce involving children is making custody and visitation arrangements. Even if you don’t get along with your future ex-spouse, you may agree on the fact that your children need you, and they will always bind you together regardless of your relationship with your ex-spouse.
Knowing this, you want to stay out of court and come to an agreement on your own. Perhaps you feel that this will help you put aside your feelings for each other for the sake of your children. You could attempt to come to an agreement on your own, but you may find it easier and less frustrating to use an alternative method of resolving your issues such as the collaborative law process.
Would collaborative law work for you?
Couples who do the best with this method of dispute resolution are willing to work together and do what it takes to craft an agreement that best fits their family. You do not necessarily have to be on friendly terms in order to take advantage of this option, so if you at least agree that you want to negotiate your own divorce settlement, child custody agreement and parenting plan, this may work for you.
The collaborative process uses a problem-solving approach. Many people find this invaluable since it helps prepare them for future interactions. If you want to lay a foundation for your post-divorce parenting relationship, this process could provide you with the tools to do it. The process includes your attorneys, financial advisors and counselors, along with anyone else you may need in order to reach the best possible agreement.
When it comes to your children, you probably want to give them the best start possible to your new lives. Engaging in a process that is designed to reduce stress and provide you with an informal setting in which to resolve all of your divorce issues, especially those relating to your children, you may create a parenting plan that best suits your family’s needs.
Finding the right support
The collaborative process requires each of you to have your own attorney who will help ensure that your rights remain protected. Finding an attorney who supports this process is crucial since everyone must agree that if no agreement is reached, you must start over with a new attorney. Therefore, you may want to sit down and discuss how you want to approach your child custody and other divorce-related issues before deciding who would best represent you.
On behalf of Tasha K. Schaffner of Schaffner Family Law posted in divorce on Tuesdat, July 24, 2018.
In many households, one spouse usually takes control of handling the finances. However, in the event of a divorce, the spouse who has not been involved in the monetary aspects of the household may discover some uncomfortable revelations. Kentucky residents who are facing a divorce may benefit from learning more about money management strategies for the future.
A recent study focused on how a divorce can adversely impact women who were not actively involved in managing their household affairs. It was determined that there are approximately six key areas where women experienced difficulties both during and after their divorce. This includes not having sufficient knowledge of the amount of debt that exists — such as mortgage, student loans, credit cards and 401(k) withdraws. Another reality that may not have been considered is the need to return to work or seek a higher paying position.
Other concerns that affected those recently divorced included the realization that support payments were less than anticipated and the cost of obtaining a divorce was more than expected. Study participants also discussed the unexpected cost of securing health insurance. Others had assumed they could retain the family home but may have been forced to relinquish it in order to make ends meet.
The study found that, in the aftermath of a divorce, women from the older generations were more inclined to be concerned about retirement, and a significant proportion reported that focusing on acquiring more assets through investments would be a primary goal. Regardless of one’s sex, both spouses in a marriage are advised to take an active role in handling the finances. Kentucky residents who are beginning the process of divorcing may benefit from working closely with an experienced attorney in order to obtain the best settlement that can help them achieve financial stability.
On behalf of Tasha K. Schaffner of Schaffner Family Law posted in divorce on Tuesday, July 17, 2018.
Earlier this year, Kentucky became the first state to pass a shared child custody that requires family court judges to consider equal parenting as the default decision. There is a less-talked about provision included in that law that aims to assist active-duty and reserve-duty parents who have gone through a military divorce. This provision states that deployed parents will be assured of a return to a previous custody agreement once the deployment is completed.
While Kentucky’s child custody law is the first of its kind in the country, there are some who believe that it does not fully address the issues that many service member parents face. Though the service that these parents provide through the armed forces benefits everyone, in many situations, former partners often try to use a parent’s service commitments against him or her when it comes to parenting duties. Service-member parents are often portrayed as inaccessible to their children when they are deployed and may often find that their parenting rights are reduced because of their job requirements.
Another consequence of military service that can be used to limit a military member’s parenting time is the need to seek treatment for service-related stresses. If a parent struggles to recover from the mental and emotional stress that military operations often cause, opposing parents may attempt to limit a parent’s contact with children under the guise that the individual may be unfit to parent. Many believe that seeking therapy for healing should not be used against a service member.
Kentucky has taken legislative actions to ensure that relationships between children and both parents are protected and nourished. There are still steps that can be taken that can offer additional protections for service members so that their deployments do not hinder their rights to actively parent their children. Those who are facing a military divorce may benefit from the recent changes regarding custody time. Those who need assistance may consult with an experienced attorney.
On behalf of Tasha K. Schaffner of Schaffner Family Law posted in divorce on Thursday, July 12, 2018.
Family farms are a rich heritage in many parts of the country, including many areas of Kentucky. While it takes a special calling to devote one’s life to farming, it may also require more planning to preserve a farm in the event of a divorce. Every situation is unique and requires an individual approach, but there are measures any couple could take to make the process easier.
The prospect of finding an equitable division of a couple’s assets is seldom an easy task. However, when the couple have worked and lived on a farm, the process can become even more complicated. Much of the assets are not in a form that is easy to liquidate as there is usually farming equipment, acreage, crops and livestock involved. The question of how to determine an agreeable and equitable division is often left to the courts, which will take a wide variety of factors into consideration.
One step that couples could take that could help protect a family farm from a divorce is to enter into a pre- or post-nuptial agreement. This contract would state which spouse is entitled to certain assets and could also spell out which assets would be considered non-marital. There are laws that regulate these contracts as they are not permitted to be grossly unfair to either spouse.
Those who choose an agricultural way of life may find that the stresses involved combine to make a marriage unsustainable. Spouses who have worked together to understand the finances and inner workings of their farm may find that they have an advantage when it comes to working out a suitable settlement agreement. Kentucky residents who are preparing to file for a divorce — regardless of their occupation — may benefit from the assistance of an experienced family law attorney who can guide them through the entire process to obtain a settlement that best provides for their future.
On behalf of Tasha K. Schaffner of Schaffner Family Law posted in paternity on Thursday, July 5, 2018.
In today’s society, the concept of the traditional nuclear family has slowly been replaced by families that come into being through various means. This makes the use of paternity tests to ensure that children are provided for even more important. Kentucky residents who need assistance in proving the paternity of a child can obtain assistance from knowledgeable professionals.
Several decades ago, one of the most recognized names in the world of boxing was Floyd Mayweather, Sr. He later had a son who also became a champion fighter and recently retired at the age of 41. Fans of the sport may be surprised at the news that the 67-year-old trainer and fighter was recently sued for child support for a 1-year-old girl.
According to the child’s mother, the baby was conceived in October of 2016. She claimed that though Mayweather was in contact with the woman throughout her pregnancy, he has not helped contribute to the financial care of the girl. The birth certificate does not list the fighter as being the biological parent, nor was he in attendance during the baby’s birth.
According to reports, Mayweather did respond to the suit by consenting to a paternity test a few months ago. It purportedly indicated that he is the most likely father of the girl. There were no further details released concerning whether the two parties have come to an agreement over child support or if the former champion is seeking any visitation. Kentucky residents who need to establish a child’s paternity for legal or personal reasons may benefit from consulting with a family law attorney who can help guide them through the process.