THE BRUNK FIRM, PLLC | 127 East Third Street | Covington, KY 41011 | Phone: (859) 415-9528 | Fax: (859) 491-0033
Criminal Defense, DUI and Divorce Attoneys Providing Aggressive Representation with a Personal Touch
Aggressively Representing You During Your Divorce
According to Kentucky law, couples can file for "no fault" divorce, meaning that they don't need a reason like adultery to file for divorce. All a couple has to do is say that their marriage is irretrievably broken.
At least one spouse must reside in Kentucky for a minimum of 180 days in order to file a divorce petition in Circuit Court. Spouses must also be separated for at least 60 days prior to filing for divorce. This separation period can include living in the same house if they do not have sexual relations. A 60-day waiting period for couples with minor children is required before a divorce takes effect. For these reasons, you should make sure that you have an attorney that knows the Northern Kentucky Family Courts.
Northern Kentucky Divorce
Legally ending a marriage can be difficult and can present a number of matters that will need to be resolved relating to children, finances and property. We strive to provide high-quality, personalized counsel before, during and after divorce.
Divorce Process in Northern Kentucky
A divorce begins when one spouse files a petition for divorce. The petition officially states Statutory Required facts and also asks the court to grant certain things such as child support or custody.
When two spouses can agree on the issues related to the dissolution of marriage they are seeking, the result is an uncontested divorce. This means that both of the individuals involved have come to an agreement prior to going to court in regards to issues such as:
• Division of assets and debts,
• child support,
• visitation rights,
• and custody
An attorney can draft all the required paperwork, including the Separation Agreement, and file it with the Court.
This is not only cost-effective and efficient, it is easier on the two parties splitting up and any children involved. It also allows for the individuals involved to make all of the final decisions about how issues are handled, rather than having a judge handle the case.
In the event that a couple cannot come to an agreement on all the necessary issues related to their split, a contested divorce process is required. This requires the judge to step in and make all of the necessary decisions to produce the end result. Matters of child custody and visitation rights are determined based on the best interest of that child taking into consideration the relationship the child has with each parent, their willingness and capability to care for the child including if there is any history of abuse or violence.
The court looks at the financial records of both parties to determine alimony or child support payments, as well as figuring out the best way to divide the assets and debts. This type of divorce may not be ideal because it leaves important choices out of your hands and can cost exponential amounts of money. The goal of the Northern Kentucky Divorce Attorneys at The Brunk Firm, PLLC is to assist you and your family during the complicated and stressful process.
Separation Agreement v. Trial in Northern Kentucky
A divorce may end by one of two ways: marital agreement or trial. The Separation Agreement is settled outside of court and is mutually agreed upon by both parties. If both spouses cannot agree on terms of child custody, child support, maintenance, property division, and other issues, then the case will go to trial.
At a trial, your attorney will present facts and evidence on your behalf including arguing against the evidence brought forth by your spouse’s attorney. The keys to success in a trial are extensive preparation, determination, and toughness.
Our attorneys are ready to litigate Divorce issues if necessary, but will also explain the pros and cons of various negotiation strategies, the strength of your legal position, and the risks and costs involved in taking your case to court. As experienced trial lawyers, we know how to present your position to a family court judge, but as problem solvers, we are always glad to show you an easier way to achieve a similar result through negotiation.
To discuss your case further please contact the Northern Kentucky Family Court Attorneys at The Brunk Firm, PLLC at 859-415-9528.