Q: Should it matter when I file for divorce? What things should I be considering?

A: While love and marriage go together like a horse and carriage, divorce is more about not being the one left to clean up the manure. Important questions to ask

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Is Your Rent too Damn High?  If so, you might be among renters who witnessed a three percent increase in the cost of monthly rent, according to Marketplace, Kai Ryssdal’s podcast. In a segment titled “Rents are rising higher at the lower end of the market,” Ryssdal reported February 19, 2019 that recent rent hikes likely affect those with lower earnings, eventually forcing some into eviction and homelessness.

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divorce is a rollercoasterSeparation and divorce aren’t inherently complex processes. Local Rules, statutes and case law govern every step from filing to Decree. Equally strong currents may influence outcomes though, most notably for Americans today, the stock market and the economy. Like divorce, “the market” can be a roller coaster ride: You’re up. You’re down. You’re all around. The close of 2018 sounded alarm bells for investors. The beginning of 2019 brought a sigh of relief as stocks recovered. The “plunge” may seem farther away now, but don’t put your safety harness and helmet away yet.

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When a client hires me to represent them in a divorce, they sometimes ask, “Should we involve a counselor?”  My answer is an immediate, “YES!”  In fact, if possible, that counselor should be involved prior to actually beginning the divorce proceedings.  The emotional, financial and other important issues require the proper perspective and clarity so that the individual can focus and emerge in a healthy state of mind.  While we can’t go back, our mindset can help us to move forward.

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Jefferson County, and the rest of Kentucky, has a system of no-fault divorce.  This means that either party can file for a dissolution of marriage, regardless of the issues or factors. The current system allows for divorce to be for any reason, or no reason at all. While this makes the process relatively easy, the emotional impact is still very real and painful.

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Dealing with divorces involving high net worth individuals are complicated by the sophisticated financials.  Elaborate investment portfolios, business income and other factors require the attorneys to sometimes involve experts to truly determine the actual income a person generates, which is used in child support and other calculations.

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Even after a divorce, especially one that is highly contentious, communicating with your ex-spouse can be extremely difficult.  There are deep emotional issues involved.  Poor communication may have been one of the core reasons for the divorce in the first place.  Unfortunately, how you communicate with your ex can have a lasting impact on your child.

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In those circumstances in which a child’s comments will be at least heard, parents often want to know, “Where does a judge interview a child?”  Followed by, “Can I be in the room?”

This doesn’t happen in every circumstance.  However, when it does, the child will be interviewed alone.  It’s usually done to avoid any undue influence the parent(s) in the room may have on the child’s actual comments.  They may be afraid to give an honest answer because it might be hurtful to the parent.

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During a divorce proceeding, there are many things and experienced family law attorney will do to position her client favorably, argue for rulings and to work diligently to achieve an equitable outcome.  These are the things you’d expect of your attorney.

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The emotional toll of a divorce can often be much more than people anticipated.  Yes, there are those times in which one party sees the dissolution as a ticket to her/his new beginning.  While that may be the case, when you consider the stress and the disruption divorce causes, many people struggle – at least for a while.

Unfortunately, the divorce process involves a level of conflict where money and children are involved.  You’ll find yourself asking how you ever fell in love with that person in the first place. 

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