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My spouse has been violent in the past, or, may be violent when I file for divorce. How can I protect myself? You can get a protective order. You can also find information on protective orders online. You may want to contact your local domestic violence shelter to find out other ways to protect your safety. When can a spouse get maintenance alimony? The Court can order temporary maintenance at the provisional hearing, and can order maintenance at the final hearing.
The court can consider how long it might take the spouse receiving maintenance to be able to earn an adequate income. The court can also order maintenance if the spouse is physically or mentally incapacitated, or is taking care of a child who is incapacitated. What if the non-custodial parent fails to pay the court-ordered support?
When a person intentionally violates a Court order, they can be found in contempt of court, and fined or even jailed.
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In child support cases, wages can also be garnished. If you do not know where your spouse is located, and have no reasonable means of finding out where your spouse is located, you can file a motion to appoint a warning order attorney. A warning order attorney is a practicing member of the Kentucky Bar. The warning order attorney has to report back to the Court within 50 days of his appointment with the result of his efforts to locate the defendant.
You can ask the court to finalize your divorce against the defendant, even if the warning order attorney does not locate your spouse, only after the warning order attorney files his report after the passage of 50 days from the date of appointment. Before you apply for a warning order attorney, you should check with the court clerk for your county to determine the proper fee.
My spouse filed for divorce two years ago, but I don't think it was ever final. What do I do now to get a divorce?
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You should call the court where the divorce was filed previously to make sure it was dismissed. If it was not dismissed, you can ask that court to finalize the divorce. If the case was dismissed, you will have to file a new divorce. My husband filed for divorce. Can I get my maiden name back as part of the divorce?
It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this. She does not have to get her maiden or former name back; she can keep her married name after the divorce if she wants to. If your name changes because of divorce, be sure to change your name on your Social Security card also. See this page from the Social Security Administration for more information. What can I do to make it easier to get through it?
You can get counseling for yourself and your children to support you during this difficult time. This is especially important if there was domestic violence in your marriage. Also, the divorce education classes, called Families in Transition, can prove very helpful in assisting your children through the process of the divorce.
How will the court divide our property? The court will generally divide the marital property in half, and each spouse will get one half of the total property. The court can give one spouse more property than the other spouse if the court has a good reason to do so. What is marital property? In general, all property owned by either spouse is marital property. It can be property one of you got before or after you were married. It includes all kinds of property: personal property, homes and land, bank accounts, retirement accounts, etc.
After the divorce is filed, things you or your spouse buy are not considered marital property. When might a court give one spouse more property than the other spouse? The court can consider many factors when making this decision, including: The contribution of each spouse to the property. Whether one spouse got the property before the marriage or by inheritance or gift.
The economic circumstances of each spouse at the time of the divorce. Whether the spouse who is getting custody of the children should stay in the marital home. The conduct of the parties related to the property for example, has one spouse destroyed or wasted property. The earnings or earnings ability of each of the parties. I owned my house before I got married. Will my spouse get half of the house if we divorce? However, the court does not have to give each spouse one half of the property. If one spouse owned the house before the marriage, and the other spouse has not contributed to the house such as making payments or repairs , the court might decide that the house should not be split between the two spouses.
What if my husband and I agree on dividing the property, but it is not split half and half.
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Will the court allow this? Yes, the court will probably approve your agreement. The court will generally approve an agreement on property settlement, even if it is not an even split. However, you may want to state in your agreement the reason why the two of you agree to an uneven split of the property. Trying to determine how to divide a pension can be very involved. It is best to seek the help of an attorney if you or your spouse are seeking a divorce and either of you has a pension.
How does the Court decide who gets what in a divorce? When a couple files a request with the Court for a divorce, the Court will divide the "marital estate".
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This will include all assets and debts the couple had on the day the Petition for Dissolution was filed. To be a part of the marital estate, someone in the marriage must have a "present and vested interest" in the asset on the day the divorce was filed. What is a present and vested interest? If a person has earned a present right to the asset that cannot be taken away, then the asset is considered vested. The term present right means that even if you do not have the asset now, you are promised the asset and no one can take it away.
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This rule applies to pensions. For example, Joe has worked at the ABC Corporation for ten years and is a participant in the company pension plan. The ABC Corporation pension would be considered vested and it would be part of the marital estate to be divided. Even though Joe was not receiving the pension on the day the divorce petition was filed and he stopped working for the ABC Corporation, the rules of the ABC pension plan said that even if Joe left the company he still gets the pension. Joe earned a present right to the pension that could not be taken away.
Joe has a vested interest in the pension. Are there different types of pensions? There are two main types of pensions: defined benefit plans and defined contribution plans. What is a defined benefit plan? A defined benefit plan is one where the employer agrees to pay a certain benefit to the employee based upon a number of things including how long the worker has been there and how much money the worker earns. What is a defined contribution plan?
A defined contribution plan is one where the employer agrees to contribute a certain amount of money to the plan on an annual basis. An example of a defined a contribution plan is a k plan where both the worker and the employer might contribute to the account. How does a Court divide a defined benefit pension during a divorce? Often during a divorce, neither person is actually getting the pension yet. If the pension is a defined plan, there really is not a pot of money to divide.
There is a promise to pay sometime in the future when the person reaches retirement age.