FAMILY LAW ATTORNEYS IN LOUISVILLE
Family legal matters can be some of the most contentious and challenging to resolve. In many cases, it is not so much about “winning” as much as it is about coming up with a solution that satisfies all parties involved and preserves delicate family relationships while still protecting your legal rights and interests. No two families are exactly alike, and there are always unique family dynamics at play when legal issues arise. If you have a family matter that requires a legal solution, you need a skilled family law attorney in your corner who is dedicated to developing the right solution to meet your needs and accomplish your goals.
At John H. Ruby & Associates, we understand the emotional and financial toll family disputes and other legal issues can have on those involved, and we work closely with our clients to help ensure that the legal process is smooth and stress-free. Since 1999, we have represented numerous clients in Kentucky who have had family legal matters they needed to resolve. Our lawyers have in-depth knowledge of this area of the law, and we take the time to listen and thoroughly understand our clients’ needs, so we can develop the most practical, effective, and cost-efficient legal solution. Our extensive experience with family law and related areas (such as estate planning) allow our clients to see all the legal options they have available to them, so they can make the most informed decisions.
We provide personalized legal guidance and representation with all areas of family law in Kentucky, including but not limited to:
- Legal Separation
- Grandparents Rights
- Prenuptial agreements
Divorce vs. Legal Separation in Kentucky
For married couples who are having difficulty and who may need to take a “break” from each other, divorce is not the only option. Couples may also choose legal separation. A legal separation might make sense if you believe you need to live apart for a while, but you are not totally sure that you want to end the marriage. In some cases, time apart can allow spouses to reflect on the situation and decide whether or not to move toward reconciliation or to proceed with a divorce. Legal separation is a temporary arrangement, while divorce is permanent. So, if couples believe there might be a chance that they could reconcile in the future, legal separation is certainly worth considering.
Other reasons couples may consider legal separation include:
- The couple wants to be separated, but they oppose getting a divorce for moral, religious, or social reasons;
- One spouse wants to continue receiving health insurance benefits under the other spouse’s health plan;
- The couple wants to stay married for 10 years to meet the minimum requirement for one spouse to collect the other’s Social Security benefits;
- The spouses want to realize the tax benefits of filing under the “married” status.
With a legal separation, couples can address most of the issues that would need to be resolved during a divorce, and since these issues would already be settled during the separation proceeding, the marriage dissolution process would go much more smoothly should the couple decide to get divorced in the future. The one thing spouses cannot do while they are legally separated is get remarried.
Personalized Representation for all types of Family Law Matters
Our attorneys assist clients with everything from the simplest uncontested divorces to complex family legal matters such as contested high-asset divorces involving children. We help our clients develop individualized solutions for complicated issues such as:
- Division of Assets in a Divorce: One of the most potentially contentious issues divorcing spouses must resolve is how to divide the marital estate. Kentucky is an equitable distribution state, meaning that marital assets are supposed to be divided in a “fair and equitable” manner. This does not necessarily mean 50/50, although that is usually the initial presumption. If spouses are unable to agree on the division of assets, the decision (on how assets are divided) is made by the court.
- Child Custody: Another hotly contested issue in divorce and paternity cases is who ends up with the children, and what type of schedule to come up with to ensure that the children spend adequate time with both parents. Kentucky is moving toward joint custody and shared parenting plans as the default arrangement. It is now incumbent upon either party to show that this arrangement is not in-keeping with the best interests of the child(ren).
- Child Support: It is important to ensure that children are financially provided for after a couple separates. Kentucky uses a complex formula to determine child support, which is based on a wide range of factors; such as the combined gross income of the parents, the number of children, the needs of the children, and many others.
- Spousal Support/Alimony: There may be times when it is appropriate for one spouse to pay alimony to the other. In Kentucky, this is referred to as spousal maintenance. In general, spousal maintenance may be ordered if one spouse lacks sufficient property and is unable to support themselves through gainful employment. The court considers numerous factors in determining the amount of alimony that is paid and for how long.
- Divorce Tax Consequences: Getting a divorce can result in some very unpleasant surprises at tax time. For this reason, it is important for spouses to be aware of how their marriage dissolution will affect their tax situation.
- Post-Divorce Modifications and Enforcement: After a divorce is finalized, there are times when one party is not fulfilling their obligations under the settlement decree. There may also be substantial changes in circumstances during which it might make sense to revisit the original agreement.
Contact the Seasoned Kentucky Family Law Attorneys at John H. Ruby & Associates
If you are dealing with a family legal matter in Kentucky, you need experienced representation from advocates who are committed to providing skilled legal guidance and moral support during this difficult and uncertain time. At John H. Ruby & Associates, we are here to help. For a personalized consultation with one of our attorneys, call our office today at 502-895-2626. You may also send us a message through our online contact form or stop by our Louisville office at your convenience. For more information visit our Frequently Asked Questions page.