Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Offering Answers To Questions About Family Law

Last updated on December 8, 2023

In addition to the emotional strain that comes from the end of a marriage, divorce often requires people to navigate the legal system for the first time. This can leave them feeling uncertain about how to reach a solution that provides them and their family with the things they need.

At Shumate, Flaherty, Eubanks & Baechtold, our attorneys provide answers to the questions that our clients have about divorce, child custody and support. We are also dedicated to examining how these different aspects of family law will impact their family and creating a unique legal solution based on their needs.

Do both spouses have to agree to a divorce?

Divorce is often painful, and it can be particularly painful if one partner still wants to try to make their marriage work. However, if only one partner wants to end a marriage in Kentucky, they do not need their spouse’s agreement to pursue a divorce.

Will your divorce involve alimony?

Support is not necessarily a part of every divorce. The court may award alimony in cases where one spouse is unable to financially support themselves or if circumstances prevent them from working outside the home.

Do the courts divide property in half during divorce proceedings?

Kentucky courts divide property using equitable distribution, which means that they try to create fair division of jointly owned assets based on each spouse’s unique circumstances. As a result, property may not be divided strictly in half because of differences in parenting responsibilities, health conditions and other factors that can impact each person’s cost of living.

Does my child get to choose where to live?

While Kentucky courts do consider the wishes of a child when working toward a custody arrangement, they will also consider a variety of other factors. A child’s education, their health care needs, each parent’s ability to care for them, their relationships and many other details are also a part of determining which living arrangement is in that child’s best interest.

Do mothers automatically get custody of their child?

Children benefit from a strong and supportive relationship with both their parents, and Kentucky law does not favor mothers over fathers. In fact, parents share custody after divorce by default.

How will family law, custody or support obligations impact your family?

If you face important life changes and wonder how you can protect your relationship with your family, you may benefit from speaking to an experienced attorney about your goals. Contact our Richmond office through our online contact form or call us at 800-494-9916.