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Fort Mitchell Family Law Blog

How to work towards a collaborate divorce

When it comes to divorce, fighting things out in the courtroom is often the worst-case scenario. In addition to the indiscretion of having to air your private business in a public courtroom, when you go to court in a divorce, the decisions regarding the legal outcomes are ultimately left in the judge's hands.

There are so many reasons that a collaborative approach to divorce is favorable that it just makes sense to try to work for this approach in your divorce. While some couples may simply not be able to reach a collaborative solution, there are many who could go either way. With a bit of strategy and effort, you may be able to tip the scales toward a negotiation and shared solutions rather than a courtroom battle. 

Specific reasons are needed for child custody modifications

After divorce, many Kentucky parents feel less than happy about certain outcomes. For some, they may feel that the child custody arrangements did not go entirely the way they wanted but feel that they can work with the terms. Others, however, may believe that a custody modification is in order.

Modifications to custody orders are not easy to achieve. Courts will not grant adjustments for just any reason. However, if a parent believes that the children are in danger at the other household, it may give reason to review the arrangements. The court will look to determine whether any abuse is taking place, whether the child does not want to stay in the home and if the child could be in immediate danger. If these elements are present, changes are likely warranted.

Feeling of hopelessness could lead to high asset divorce

Marriage can often cause many people to feel their happiest. In the wake of their weddings and vows, they may feel as if their lives are on the right track. It is likely, though, that many people may find this happy feeling fading over the years, and as marital problems creep in, some Kentucky residents may find themselves considering high asset divorce.

The common saying is that money cannot buy happiness, and even individuals with a high net worth can feel hopeless at times. This feeling of hopelessness when applied to a marital relationship may be a major predictor of divorce. One couples therapist stated that this feeling is a sign she often looks for when couples are considering ending their relationships. If this feeling does exist, it often signifies the end.

Scheduling plays an important part in child custody, school time

Many Kentucky parents may have recently gone through divorce. Though they finally came to conclusions regarding various important matters, like child custody, it may still take them a considerable amount of time to make a solid routine out of their new circumstances. Parents may have fared well during the summer break, but now that kids are going back to school, they may find themselves facing new challenges.

Because routine and scheduling is often important when parents are divorced, it can be wise to sit down with a personal calendar and the school calendar to determine what arrangements parents may need to make. The exact decisions will depend on the type of custody terms that are applicable. Parents who have joint custody and are co-parenting may have a vastly different schedule than parents who may have sole custody or only visitation rights.

Are individuals facing high asset divorce less likely to fight?

Money and other assets are often a main focal point of any divorce case. People typically think about fighting over the house, funds in bank accounts or other property that they feel the need to hold on to for the sake of their futures. However, would Kentucky residents believe that individuals in high asset divorce cases may be less likely to fight over money?

According to one out-of-state divorce attorney, that less-contentious scenario seems to be the case. He suggests that couples who have at least $5 million are less likely to create conflict over money. While his speculation is not backed by a comprehensive research study, it was noted that individuals in the upper middle class, or those with less than $5 million, are deemed "the fighting class" due to their tendency to fight over financial aspects of divorce.

High asset divorce cases often hinge on assets, debts

It is not uncommon for relationships to come to an end. While the emotional impacts of divorce can be strong, the financial effects can also leave individuals reeling. Kentucky residents who are going through a high asset divorce may be especially concerned with how the outcomes of the legal proceedings will affect them. Fortunately, they can help themselves through the process by understanding their assets.

Though individuals may have a considerable amount of wealth, they may not have a clear idea of the entirety of their finances. They often have financial professionals to help handle their monetary affairs, and these parties can come in handy during divorce as well. Of course, divorcing couples may also want to make sure that they have knowledge regarding the types of assets they have, how taxes may affect property division and determine what items they may feel willing to part with.

How a prenuptial agreement can affect your Kentucky divorce

Prenuptial agreements can set rules for property division in the event of a divorce and govern other matters, such as alimony. An increasing number of couples are choosing to protect assets by entering into a prenuptial agreement.

At the time of signing the prenup, both parties may have been in agreement on the terms. However, over the years, circumstances can change. Divorcing spouses often want to know whether a court is likely to enforce their agreement's provisions. Conversely, a spouse may also have questions about potentially challenging certain terms or the entire agreement.

Parents should think about child custody before divorce filing

Someone considering ending his or her marriage has many aspects of life to think about. In particular, Kentucky parents need to think about what type of child custody arrangement could best suit the interests of their kids and the family as a whole. Custody is often one of the most contentious aspects of divorce, and thinking ahead is often wise.

Before even filing a petition for divorce, parents need to think about what type of custody they want. If one parent wants to fight for sole custody, he or she will need to take steps to gather evidence as to why that would be the best arrangement for the kids. Even if a parent does not want sole custody, any type of specific term may need work to achieve.

Talking with children may help when it comes to child custody

Feeling protective over their children is the natural instinct of parents. In some cases, they may find themselves becoming overprotective. When Kentucky parents are going through divorce, child custody issues may bring out this protective instinct, but rather than trying to shield their children from what is happening, they may want to talk with their kids.

It is likely that children will have questions after learning of their parents' intentions to divorce. Some of those questions may seem difficult to answer, but simple answers often suffice more than parents think they will. For instance, parents could simply tell their children that they stopped loving each other when asked why they are divorcing, and while it may seem like an over simplification of a complicated matter, it may serve as the best and most easily understood answer for kids.

Remaining financially conscious during high asset divorce is wise

Having amassed a considerable amount of wealth may have many Kentucky residents wary about how they spend their money. After all, they did not reach their levels of success without being financially conscious. However, now that they face a high asset divorce, they may want to pay attention to where their money goes, and how they can avoid overspending. 

Because divorce can be an emotional time, parties may not think as clearly as they would under other circumstances. As a result, where they once remained focused on where every penny went, they may find themselves slipping up when it comes to costs. For instance, because emotionally-vulnerable parties often need a shoulder to lean on, they may end up talking about their troubles to their attorneys. It may seem emotionally soothing to vent, but it can be hard on the wallet when parties use attorneys for non-legal matters.

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