Frequently Asked Questions

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 You will have a primary attorney. All of the attorneys consult each other on their cases. However, should your primary attorney withdraw, you will not get passed to another attorney in the office. Each attorney handles their own case loads and have their own retainer agreements. 

 Mediation is a neutral setting where a mediator helps assist two sides in a case to come to a resolution. A mediator is usually a local attorney or retired judge. If an agreement is reached, the agreement will get signed at the end of mediation and then filed with the court.  

The process can be paused by simply not litigating the divorce any further or by filing to dismiss it. If the case is inactive for a period of time, the court may dismiss the action. 

Custody has a different legal meaning than the way most people use it in everyday language. In Kentucky, there are three components to child-related issues. Legal custody, the parenting plan and child support. There is now a legal presumption that joint custody and an equal parenting schedule are in the child/children’s best interest. This is a presumption and can be overcome. Child-related issues are very fact-driven. 

 Most cases go to mediation prior to being scheduled for a hearing. If your matter is resolved at mediation, then you likely will not have to go before a judge.

 Child support is calculated in Kentucky pursuant to the statutory guidelines and law. The guidelines take into consideration the schedule, the parties’ gross income, any work-related child care cost and any health insurance premiums paid on behalf of the child/children.

Kentucky is a no-fault state, which means fault is not required to obtain a divorce nor is it typically relevant in the proceedings. Fault can be a factor when addressing a maintenance award.
 

 In Kentucky, either party may get a divorce. One party cannot prevent the decree from being entered; they can, however, make it more difficult and lengthen the process.

 Adoption can be challenging if it is without the consent of a parent. If you have had a child in your care and wish to adopt, please schedule a consultation to determine if you qualify. It is not necessary to file a parental termination case for all adoptions.