Louisville, Kentucky Family Law Attorneys in Jefferson County

What is Family Law in Louisville, Kentucky?

Family law in Louisville, Kentucky addresses a variety of issues related to family relationships, including dissolution, child custody, child support, adoption, paternity, and fathers’ rights. It provides crucial support and guidance during emotionally challenging times. The attorneys at Stange Law Firm are dedicated to assisting families through these processes with care and compassion. Family law practice includes various topics, such as:

Dissolution of Marriage in Louisville, Kentucky

Dissolution of marriage refers to the legal end of a marriage. When parties are married in Kentucky, they form a legal relationship. Dissolution of marriage is initiated by filing a petition with the court. The process requires either one or both spouses to meet the state’s residency requirements. Grounds for divorce can be either fault-based (such as adultery or cruelty) or no-fault. The court will also address issues like child custody, support, property division, and alimony. Kentucky law emphasizes equitable distribution of property, considering factors like the duration of the marriage and the financial situation of both parties. 

Dissolution is Civil Litigation in Louisville, Kentucky

Dissolution cases are heard in the Jefferson County Family Court. Similar to other forms of civil litigation, parties in a dissolution work with their legal representation to gather evidence utilizing depositions, interrogatories, and subpoenas. Mediation sessions may also occur if the parties agree to do so. Other means of alternative dispute resolution, such as the collaborative process, may also be used. In some situations, dissolution cases may be settled before going to trial. However, other cases may be forced to go to trial if they deal with factors such as contested matters or high assets.

Alimony and Spousal Support in Louisville, KY

In Kentucky, alimony, or “maintenance,” is the financial support one spouse may provide to the other during or after divorce. Judges decide eligibility based on factors such as the requesting spouse’s ability to support themselves and the financial resources of both parties. The amount and duration are influenced by marriage length, the spouses’ financial situations, and the time needed for the recipient to gain employment skills. Kentucky law does not have a fixed formula. Instead, judges use discretion to ensure fairness based on the case’s specifics.

Pre and Postnuptial Agreements in Louisville, Kentucky

In Kentucky, prenuptial and postnuptial agreements allow couples to outline the division of assets and financial responsibilities in the event of divorce or death. These agreements must be in writing and signed by both parties. They must also include a full disclosure of assets. Kentucky courts uphold these agreements unless they are found to be unfair or made under duress. While prenuptial agreements are signed before marriage, postnuptial agreements are made after the marriage has begun.

Child Custody in Louisville, KY

In Kentucky, child custody decisions focus on the child’s best interests, with a general preference for joint custody. The court evaluates factors such as the child’s relationship with each parent and the overall well-being of the family. If parents disagree, a “friend of the court” may be appointed. The state also acknowledges “de facto custodians” who may be granted custody if they have been the child’s primary caregivers. Custody orders can be modified if significant changes affect the child’s welfare.

Legal and Physical Custody in Louisville, Kentucky

In Kentucky, legal custody refers to the right to make important decisions about a child’s upbringing, including their education and healthcare. Physical custody refers to where the child lives and which parent is responsible for their day-to-day care. Courts aim for arrangements that are in the child’s best interests, often favoring joint legal custody, while physical custody can be shared or awarded to one parent based on the child’s needs and the factors surrounding the specific situation.

Child Support in Louisville

Child support in Kentucky is based on both parents’ combined income and the number of children to be supported. The minimum support amount is $60 per month, though it can be adjusted according to financial circumstances. The court also considers factors like the child’s needs, each parent’s financial resources, and the child’s expected standard of living. Child support orders can be modified if significant changes occur.

Abuse and Neglect Proceedings in Louisville, Kentucky

Child abuse includes physical, sexual, and emotional harm, as well as neglect. The law in Kentucky requires that any individual who suspects child abuse or neglect report it to the proper authorities, including teachers, healthcare providers, and the general public. The Kentucky Child Protection Hotline and local law enforcement are available for reporting. Violations of child abuse laws can result in criminal charges, including fines and imprisonment. If abuse or neglect is confirmed, the Kentucky Cabinet for Health and Family Services may intervene to protect the child, which could involve removing the child from the home or initiating legal action.