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A house was purchased by both me and my spouse while we were married. What happens to the house once we are divorced?

5/23/2022

 
There are generally four options here (there may be others if you are open to creativity):  
  1. You can sell the house and divide the proceeds in some way.  
  2. You can keep the house, determine what interest your spouse has, and buy him or her out.
  3. Your spouse can keep the house, determine what interest you have, and buy you out. 
OR
  1. You can use the house to offset some other asset the other person is keeping.
These kinds of questions are often the subject of mediations and settlement negotiations. Attorney Breck Norment will be able to walk you through each of these options, and help determine what the best route is for you and your spouse. To schedule a free consultation with Lexington KY Attorney Breck Norment, give our office a call at (859) 303-6007, or fill out our Online Contact Form. 

What is a divorce petition?

5/23/2022

 
​In Lexington, KY, a divorce petition is the first document filed in a divorce case in Kentucky.  It contains various statutory elements which are required for a Kentucky court to take your divorce case.  Before deciding to file for divorce, you owe it to yourself to speak with a Lexington KY Divorce Attorney.  You probably have tons of questions, and a Lexington KY Divorce Attorney will best be able to help.  If you (or a loved one) are interested in getting a divorce in Lexington, KY (or a nearby county) and need an attorney, call Lexington Divorce Lawyer Breck Norment for a free consultation.

​How do i get a divorce in kentucky?

5/23/2022

 
In Lexington, KY, a divorce can only occur when at least one party believes the marriage is "irretrievably broken".  In other words, the party filing for divorce must believe reconciliation is not a viable option.  Kentucky, like most other states, also has a residency requirement for obtaining a divorce.  Kentucky requires one of the parties to have been a Kentucky resident for at least 180 days prior to the filing of the petition.  Kentucky will also maintain jurisdiction in divorce cases when one of the parties has been present in Kentucky by virtue of a military residence for 180 days.  KRS 403.140.  Keep in mind the divorce petition must also contain numerous other elements to be valid.  Finally, various other requirements must be met before a Kentucky court will entertain jurisdiction.  If you (or a loved one) are interested in obtaining a divorce in Lexington, KY (or a nearby county), give Lexington Divorce Lawyer Breck Norment a call for a free consultation. 

What is the difference between a contested and an uncontested divorce in Kentucky?

5/23/2022

 
This is a great question because the terms “uncontested divorce” and “contested divorce” are often confused and misused in Kentucky.  First and foremost, these terms are not used much, if at all (we have not found any references to it), in Kentucky’s divorce statutes.  The terms are, however, often referenced in local rules of the various KY family courts and in the Family Court Rules of Practice and Procedure (FCRPP).  To make it more confusing, attorneys and clients often use the terms in different ways.  In our office, here’s how we define the two:  
  • We define a true Lexington KY uncontested divorce as one where two parties have agreed on each and every issue that could arise in their case before they ever come to our office.  They know how they want their property and debts divided to the penny because they have already discussed the issue together.  If the parties have minor children, they come to our office knowing what custody arrangement they want, what parenting time arrangement they want, and what they want to do with regard to supporting the children.  They know whether maintenance/alimony is needed and have agreed upon a number and duration.  They know how their retirement accounts are to be treated.  The client tells us what they want coming out of the divorce, and we draw up all of the paperwork, protect their interests in the drafting, follow the necessary legal procedures, and overall see their case through the Lexington KY divorce process from start to finish.  Basically, what makes our role different in an uncontested divorce is that we are not needed for negotiations, we are not called upon to file motions, we are not called upon to assist with resolving any issues, and we are not called upon to go to Court.  The advantages to an uncontested divorce are numerous, but most clients appreciate that the process is much quicker and that our legal fees are generally less expensive and more predictable.  
  • It should be noted that an “uncontested divorce” does NOT mean that the parties simply both want to be divorced.  
  • On the other side of the spectrum, we define a contested divorce as one where there are any disputes or disagreements in the process. Contested divorces can involve revisions to agreements, negotiations, formal or informal discovery, mediations, motions, hearings, etc.   
  • It should be noted that contested divorces can range from simple to complex.  You might just need a little help discussing your options with regard to parenting time schedules. You might just need us to revise a previously drafted agreement because you and your spouse agreed on something else. Or, you and your spouse could fight over literally every issue possible such as who keeps the CD collection from the ‘90s.  The point here is that just because a case is not purely “uncontested” does not mean that your case has to be complicated.  There are levels of complication, and you could fall anywhere on the spectrum.  Generally speaking, the more you and your spouse agree upon without a Lexington KY lawyer, the lower and more predictable our attorney fees will be in your Lexington KY divorce.

My Spouse owned Our house before we married and we both moved into the house after we were married. What will happen to the property?

5/23/2022

 
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Tricky answer.  First and foremost, the fact that your spouse had his or her name on the deed to the property before you all were married is not completely determinative of the issue.  In most circumstances, titles to assets are ignored in a Kentucky divorce case.  Instead, the background facts and circumstances are much more significant.  What was the original purchase price of the house and was it purchased through financing?  What was the value of the house at the time you were married?  Was it encumbered by a mortgage while you all were married?  How much mortgage debt existed when you were married?  How long have you been married?  Did you and your spouse decrease the existing mortgage indebtedness during the marriage?  Did your spouse improve the value of the property before the marriage, or did your spouse only maintain the property’s value before the marriage?  What kind of down payment did your spouse make when purchasing the home?  By how much?  Did you and your spouse improve the value of the property during the marriage?  How much mortgage debt is on the property now?  Did you and/or your spouse refinance the property at any point or take out loans and use the property as collateral?  Are one of you wanting to keep the house?  Do either of you have the ability to refinance and buy out the other’s interest in the home?  Do you both want to sell it?  Does only one of you want to sell it? 

​All of these questions, and many others, are relevant to determining your potential share in the house, and an experienced KY divorce lawyer will be able to go over these issues with you to determine what potential rights you may have.  From there, courts use different calculations to determine the marital vs. non-marital share of the home.  Courts also take different approaches if the parties cannot agree on how to handle the asset in the divorce process.

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