The Grinnell Firm, PSC Do You Have An Emergency?
Contact Us Now
1-859-DIVORCE

Richmond Divorce and Family Law Blog

3 essential factors to consider in your divorce

If you are facing a divorce, you likely feel very overwhelmed by everything that is happening. There are so many decisions you have to make, and these decisions are even more critical and complicated when you have children.

One effective technique to help you move through your divorce in a more strategic and streamlined way is to outline various areas that need your attention. When you divide these components of your divorce into categories and consider each in turn, your divorce proceeding can feel much more manageable.

Handling holiday custody

With the holiday season fast approaching, parents in Richmond will likely start making plans on how to maximize the extra time they will get to spend with their kids. Such planning can often be difficult for parents who share custody of their children with their ex-spouse. According to information shared by the U.S. Census Bureau, over 22.1 million children in the U.S. were subject to custodial agreements as recently as 2013. Those kids no doubt want to spend the holidays with both their parents, yet how is that possible? 

The state has developed guidelines to be followed when establishing parenting plans between divorced parents that deal specifically with holiday custodial issues. These guidelines (as shared by the Kentucky Court of Justice) offer the following holiday custody recommendations: 

  • For children under 18 months: Custody will rotate between parents from year-to-year from 6:00 pm on Thursday to 6:00 pm on Friday for Thanksgiving, and non-custodial parents will have custody from 1:00 pm to 7:00 pm every Christmas Eve, and then from 10:00 am on December 26 to 6:00 pm on December 27.
  • For children 18 months to three years: Custody will rotate between parents from year-to-year from 5:00 pm on Wednesday to 7:00 pm on Sunday for Thanksgiving, and non-custodial parents will have custody from 1:00 pm to 7:00 pm every Christmas Eve, and then from 10:00 am on December 26 to 6:00 pm on December 29.
  • For children over the age of three: Custody will rotate between parents from year-to-year from 5:00 pm on Wednesday to 7:00 pm on Sunday for Thanksgiving, and non-custodial parents will have custody from 1:00 pm to 9:00 pm every Christmas Eve, and then from 10:00 am on December 26 to 6:00 pm on December 31.

Former city council member's marriage is broken, says ex-wife

Many in Richmond may view the concepts of a "no-fault" divorce and grounds for divorce as being conflicting. Family courts do indeed require that a reason be given as to why a couple (or at least one member of a couple) wants a marriage to end. Yet in many cases, irreconcilable differences is cited as the reason. Irreconcilable differences indicate that a relationship is irretrievably broken, and that no amount of intervention will repair it. The no-fault concept comes into play in that no one party must be at fault for that breakdown. 

Of course, there will be instances where the actions of one party to a marriage may indeed be cited as having contributed to its decline. Take the case of a former city council member from Connecticut whose wife recently filed for divorce. The man is currently facing stemming from an extramarital affair he had with a teenage girl over the course of several years. His wife left him and moved to another state shortly after news of his crimes became public. In her petition to the court, she brought up the fact that their marital relationship was indeed broken and had essentially ended the moment she moved out with the couple's two daughters. She is asking for child support and to have her last name legally changed back to her maiden name. 

How is alimony granted?

When getting a divorce in Kentucky, one of the financial matters that you may have to deal with is the allocation of alimony, sometimes called spousal support. This is a payment made from one spouse to the other for the purposes of providing financial support after the divorce. According to the Kentucky Legislature, there are two reasons why spousal support is granted by the court.

The first reason is that your ex-spouse is unable to financially provide for him or herself by gaining employment. This includes if your ex-spouse is taking care of a child and this prevents him or her from seeking employment. The second reason is if the property he or she got as part of the divorce settlement cannot provide for his or her needs financially.

How can I stay connected to my kids during deployment?

While divorce can be difficult under any circumstances, it can be even more of a challenge for people in the military. This is especially true when you’re deployed, which can make it tough to remain connected to your kids. Parents offers the following advice in this case, which will help you bond with your kids no matter where you are.

Have a means of communication

Being proactive vs being passive in a divorce

Getting divorced is a common experience, but that does not make it any less stressful. Nobody expects that their marriage will end, but when separation is the best option, you need to assess your options and determine what the best course of action will be. The outcome of your divorce will largely depend on whether you approach it proactively or passively—and the latter can leave you in the lurch.

Consider the following three ways that you can be proactive in your divorce and garner a positive outcome for yourself and your family.  

What should I know about parallel parenting?

Divorcing couples in Kentucky who share custody must work together to make major decisions regarding their children. When their relationships are contentious working together can be nearly impossible, and a failure to do so will impact their kids for many years going forward. In this case, parallel parenting may be a good solution for high-conflict relationships, as explained by Psychology Today.

What is parallel parenting?

Relocating with your kids

One of the most common questions that we here at The Grinnell Firm, PSC receive is whether divorced parents are able to move away from Richmond with their kids. Your reasons for contemplating such an action may be understandable; you may find an opportunity for employment elsewhere, or you may simply find that remaining in the same area recalls too many painful memories from your marriage. Whatever your reasons, you should first know that you are allowed to move away. However, taking your kids with you requires that you follow Kentucky's criteria for parental relocation. 

That criteria can be found in the state's Family Court Rules of Procedure and Practice. Regardless of whether you have sole or joint custody of your kids, you must provide both the court and your ex-spouse with notice of your intent to relocate. Such a notice must include the following information: 

  • The location that you wish to move to (along with your new address)
  • The date you plan to leave
  • What effect (if any) the move may have on your custody arrangement

Keeping your TRICARE coverage

As a military spouse, you no doubt had to make sacrifices to support your husband or wife's career. One of the primary trade-offs for that sacrifice was likely the benefits you enjoyed due to his or her service. Health insurance coverage through TRICARE was probably one of the most important. Now that you are preparing for a divorce and looking ahead to your life in Richmond, you might be worried about how you will be able to replace that coverage. Several of the clients that we here at The Grinnell Firm, PSC have worked with have shared the same concern. You will be happy to hear (as they were) that such coverage can continue even after your divorce. 

According to TRICARE's website, your coverage can continue after your divorce provided you meet one of the following two qualifications: the "20/20/20 Rule" (which has been detailed on this blog in the past) or the "20/20/15 Rule." The criteria for the 20/20/15 Rule is as follows: 

  • Your former spouse has 20 years of creditable services towards retirement pay 
  • You and your former spouse were married for at least 20 years
  • At least 15 years of your marriage overlapped his or her time credited towards his or her military retirement pay

How can I prepare for my custody hearing?

If you’re divorcing in Richmond, you’re most likely concerned about being prepared for the subsequent custody hearing. Whether you’re filing for joint or sole custody, it’s crucial that you have your case in order to make a good impression on the judge, who will be making decisions based on the best interests of the child. In this event, VeryWellFamily.com offers the following information to ensure parents have the tools they need to effectively communicate their case in court.

Dress the Part

Tell Us About Your Situation. We Will Contact You Back Promptly.

Get Started

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Consult an Experienced Florence Family Law Attorney

Our Florence divorce lawyer is happy to answer any questions you have about divorce or any family law matter. Call 859-DIVORCE (859-348-6723) or email us to schedule an appointment. We can assess the facts of your case and recommend the best steps to take next.

The Grinnell Firm, PSC
71 Cavalier Boulevard
Suite 127
Florence, KY 41042

Phone: 859-408-7159
Fax: 859-919-2155
Florence Law Office Map