CAN A COURTROOM BATTLE BE AVOIDED IN A HIGH ASSET DIVORCE?

Did you accumulate significant assets both before and during your marriage? Do you own a business? Are you now facing a high asset divorce? If so, you have a lot at stake in a Kentucky divorce. It may be in your best interests to try to avoid a courtroom battle.

You may believe that it would be easier just to give in and give your spouse whatever he or she has asked for just to make sure that the proceedings don’t degrade into a contentious court battle. However, you may not need to go to those lengths in order to avoid having a judge make decisions on your behalf. You could retain control over the property division process and come to an agreement with which both of you are satisfied.

Finding a knowledgeable family law attorney who understands the complexities of property division could help you find solutions that keep you out of court and preserve as much of your assets as possible. With a skilled negotiator, you could still provide for your spouse in a manner in which the court will approve. If you own a business, keeping your spouse from obtaining an interest in it could also be accomplished.

You could enlist the help of a Kentucky attorney who prepares for the worst and hopes for the best. In some high asset divorce cases, negotiations do break down and the parties end up in court. Ensuring that your attorney will vigorously fight for your rights whether at the negotiating table or in court could provide you with the peace of mind that you need.

MILITARY DIVORCE NEEDS SPECIALIZED GUIDANCE AND SUPPORT

Ending a marriage will always be a complicated process with many legal intricacies. When it is a military divorce, federal law and the complexities of military life make the process even more challenging. For this reason, any Kentucky resident who is involved in the military and considering a divorce might achieve the best outcome with the support and guidance of an attorney who focuses on military divorce.

Here are some of the intricacies that might be missed by an attorney who is not familiar with military family law. The Uniformed Services Former Spouses Protection Act rules that military retirement can be included in the property division process. However, calculating an equitable settlement that includes inflation adjustments is complicated.

In addition, the Survivor Benefit Plan protects the spouse of a retiring service member, but the legal aspect becomes complex when the couple is no longer married upon the member’s death. If the issue was not addressed during divorce proceedings, it might be too late. Similarly, the division of retirement money must form part of the divorce procedure and not left until the service member reaches retirement age.

These are but some of the questions often asked years after a military divorce — which, sadly, is too late. The mentioned issues often arise for the spouses of service members, who themselves have to deal with complicated legal matters. Cutting corners in a military divorce may be detrimental to both. Securing the support and guidance of a Kentucky attorney who is skilled in the military-specific procedures and jurisdictional requirements may be the most appropriate step to take.

Source: military.com, “Don’t Cut Corners During a Military Divorce“, J.J. Montanaro I, Accessed on Feb. 10, 2017

HIGH ASSET DIVORCE DRAGS ON FOR MORE THAN 7 YEARS

Richard Stephenson may not be a household name, but it is likely that Kentucky families have heard of his work. He is the founder of the Cancer Treatment Centers of America, a network of private hospitals that specialize in treating patients with cancers that are difficult to treat. Now, however, he has been consumed with a totally different undertaking as his high asset divorce has dragged on for more than 7 years.

Recently, he and his former wife had yet another court appearance as she is trying to explain why she has requested such a large alimony amount. She has asked the court to approve an estimated $400,000 a month. While the former couple have been separated for several years, they have yet to come to terms over property and asset division as well as the amount of alimony. They did have a prenuptial agreement, but it is unclear how that has played into the divorce proceedings.

The latest court hearing centered on Mrs. Stephenson’s claims about assisting her husband in the running of his business as well as the lifestyle she had grown accustomed to while she was married to him. She testified about the trips he took her on before their marriage and then how she was given greater responsibility in the running of his cancer hospitals, including her fund raising efforts. She has also claimed that it was her friendship with a former political leader that led to that man joining her husband’s business team as a consultant.

Mrs. Stephenson’s legal team have claimed that the money her former husband allegedly gave to a political action group must be included as part of his income when deciding how the marital assets should be divided. It is not clear how much longer this high asset divorce case will take, but for now, Mr. Stephenson claims he cannot afford to pay the alimony that his former spouse has requested. Kentucky residents who are facing their own divorce process may benefit from the advice and guidance that can be provided by a professional experienced in these matters.

 

Source: Chicago Tribune, “Almost 8 years into bitter divorce case, hospital founder’s ex takes stand“, Robert McCoppin, Jan. 11, 2017

CHILD CUSTODY BATTLE CONTINUES FOR MOTHER OF SICK CHILD

The 3-year-old girl was vomiting and hallucinating in addition to suffering seizures as a result of inconsistent doses of antipsychotic medication. To help her daughter, the mother prepared a smoothie containing marijuana butter, which is known to relieve those symptoms. Later, when the 23-year-old woman took her child to the doctor, the marijuana became evident in the girl’s blood test. Since the drug is not legal in her state, the woman was subsequently charged with a misdemeanor, and her children were removed from her custody.

On the positive side, the court placed the children with their father instead of denying custody to both parents. The mother is also permitted supervised visitation. However, she contends that her actions did no harm to the child and, in fact, eased her suffering. The most recent hearing upheld the current custody arrangement. The woman may have to wait until her criminal trial is over before attempting again to win back her children.

The courts in Kentucky defend the best interests of the child. However, those interests are not always evident to people other than the parents. When parents must fight for their child custody rights, they often rely on the experience of a family law attorney who will represent their interests and fight for their cause.

Source: idahostatesman.com, “Mom who gave pot butter to daughter still denied custody, judge rules“, Alex Riggins, Dec. 23, 2016