Divorce Lawyers in Fayette County

Divorce can be one of the most stressful times in a person’s life, but it doesn’t have to be that way.

It’s estimated that 40% to 50% of married couples will divorce, so there are many going through the experience right now, some of us better than others. One way to make sure your legal rights are protected and help make the process go as smoothly as possible is to hire an attorney with experience handling divorce matters. If you live in Lexington, Kentucky, or the surrounding area, Carman Fullerton, PLLC may be able to help.

Though it’s only natural to mourn the end of a marriage, a divorce is an opportunity to start a new chapter in your life. It’s a new direction than can benefit both you and your children. It’s our job to help you plan that future, help you prepare for it, and lay the legal and financial foundation for your new life.

No-fault divorce

Kentucky is a “no-fault” divorce state, so there’s no need to claim that your spouse did something wrong to cause the divorce. Divorce cases that involve more than just ending the legal status of the married relationship and cover such things as spousal support, child custody or division of assets can become contested if the parties can’t work out their disagreements.

Conflict and mediation

Divorce is stressful enough, but if one or both parties turn the process into a high-conflict battle of wills, you need a skilled attorney on your side.  Divorcing spouses may disagree over issues great and small and take out years of anger and frustration on each other. Justified or not, there could be frequent court filings and attempts to obtain restraining orders, with accusations of domestic violence, physical or sexual abuse.

In most divorce cases, the parties reach an agreement on the issues that divide them and avoid the cost in time, energy and expense that comes with litigation. One way to help parties who can’t put these differences aside is through mediation. This involves a neutral third party, usually an attorney or retired judge, who works with both parties to reach a resolution to their disputes.

Financial issues

Finances are often a source of friction during a marriage, and these kinds of disputes can get worse during the divorce process. Who will get what assets and debts, how much will be paid or transferred to whom and what the rights and responsibilities of the parties will be are all major issues that can come up during a divorce.

We help our clients negotiate the maze of financial issues that come with a divorce, including division of assets, taxes, health insurance, retirement benefits, school and college expenses, business ownership, spousal and child support. If necessary, we can refer you to a financial advisor or bankruptcy attorney to help you with these issues.

During a divorce, assets are divided up so the outcome is “equitable,” which doesn’t necessarily mean equal but is rather what the court would consider fair. Marital property is divided without regard to alleged marital misconduct in just proportions, considering a number of factors.

Spousal support, or alimony, may be awarded on a temporary basis during the divorce, for a limited or permanent time frame. The amount is decided on a number of factors, including the duration of the marriage, the finances of the party seeking support, the standard of living during the marriage, and the age and condition of the party trying to get alimony.

Often, couples are not just married but they’re business partners. They may have helped run a business together, or one took responsibility for a family while the other ran a business. Depending on a number of issues, the ownership of a business may be claimed by both parties, especially if the business is profitable or shows great potential. Carman Fullerton, PLLC can help either side of a divorce in these situations, making sure our client’s legal rights are protected. While the marriage ends, we do our best to help the business continue.

Prenuptial and postnuptial agreements

There are limits to these agreements, and they can be subject to legal challenge. We are very careful to draft these documents to limit the chances of a challenge. We also can dispute or defend the validity of an agreement, depending on the facts and applicable laws.

A properly executed prenuptial agreement may help prevent a lot of conflict if a marriage breaks up. It’s a document that lays out the rights and obligations of both parties in case of a divorce. Such an agreement can spell out whether spousal support will be paid and, if so, how much, and assets and debts can be divided. These agreements are better suited for those with a fair amount of assets prior to the marriage, business ownership interests or children from prior relationships. After a marriage takes place, a similar agreement can also be made, known as a postnuptial agreement.

A divorce is a life-altering event. If you think a divorce is in your future or the decision has been made to end your marriage, there are many legal, family and financial issues to discuss. If you have any questions about divorce issues or want help to protect your rights or the rights of your child, we can help. If you live in Fayette County, Kentucky, or the surrounding area, call Carman Fullerton, PLLC at 859-971-0060 or fill out this contact form. Your future and the future of your family is at stake, so contact us today.

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