Committed To Protecting Your Rights In Divorce
At Aldridge & Birdwhistell, we work to resolve divorces as amicably and efficiently as possible. We have experience representing spouses from all types of backgrounds and family circumstances. We have been able to help clients resolve many kinds of divorce problems.
Our lawyers truly care. When you struggle to cope with sensitive and difficult issues, we provide professional and sympathetic counsel to help set your mind at ease.
Orders Of Protection When Needed
Sometimes, turmoil near the end of a relationship can become so heated that one spouse feels an order of protection from the court is necessary to prevent harassment or abuse. In these situations, whether you are the party seeking a restraining order or the party seeking to avoid the consequences of having such a charge on your record, sound legal counsel is crucial.
Dividing Marital Property
It is a good idea to retain an experienced attorney at the start of a divorce, especially if a lot of property is involved. Some spouses are able to split up marital property themselves, without outside assistance from lawyers and the judicial system.
More often, tension makes it difficult to communicate openly about who should keep certain property such as the marital home, pets, vehicles and various gifts that were given to the couple. If your spouse is making aggressive demands for marital property and alimony, it is even more crucial to seek experienced legal counsel.
When Minor Children Are Involved
When deciding custody of children, Kentucky courts consider several factors, including the wishes of the children, their involvement in school and the community, and reports of abuse, if any. The court’s inquiry is very thorough and specific.
The court may award sole or joint legal custody. A parent awarded sole custody receives the exclusive authority to make decisions for the health and well-being of the child. Under a joint custody arrangement, the parents share decision-making authority regarding the child’s health and well-being. Parents must also establish and adhere to a parenting time schedule.
Our Divorce Lawyer Answers Some Common Questions
Divorce is a difficult, sensitive time. Aldridge & Birdwhistell Law Firm, PSC hears many questions and always strives to help. We’ve answered some of the most common questions for you here.
How are custody and visitation rights decided?
Generally, the parents in a divorce are free to make their own agreements for child custody and visitation. But they do not always agree.
When the parents cannot agree, a judge will make decisions for them. The judge’s goal is to make a custody decision that is in the best interest of the children. The judge evaluates many factors to determine the children’s best interest, including the children’s involvement in school and community, the wishes of the child and any instances of abuse or neglect. The judge may award sole custody to one parent only or joint custody to both parents. The judge may also set a visitation schedule and evaluate the parents’ conformity on a regular basis.
How is child support awarded?
The amount a parent must pay for support and maintenance of children is calculated using a formula that takes into account each parent’s income and other factors such as child support obligations for prior children, child care expenses and health insurance costs. Both parents receive equal and fair treatment under the law. There is no particular preference for the mother or father.
Can I change an existing order?
Yes, modifications to existing arrangements can be made if circumstances warrant reconsideration. For instance, if one former spouse loses a job, that might affect child or spousal support terms. We can help determine if modifications are appropriate and work with you to make those changes.
How are assets and property divided?
A divorcing couple is generally free to make their own settlement agreement covering who gets to take which items of marital property. But parting spouses do not always agree. In these cases, the court will make decisions regarding who gets what property. When the court gets involved, the spouses must disclose all information about their assets, liabilities, retirement and income. The court then makes an equitable division of the assets and debts.
What if my spouse is threatening me or our children?
If the other person in the relationship has been abusive or if you reasonably fear that the person will abuse you or the children, our family law attorneys can help you seek an order of protection from the court. An order of protection prevents the abusive individual from contacting you, the children and any other protected party. A person who breaks an order of protection will be arrested and charged.
Protecting Your Rights During The Process
We provide quality representation in family law and domestic relations at a reasonable cost. Call 270-765-2000 in Elizabethtown or 270-505-9219 in Louisville, or contact us online to schedule a free, confidential consultation. We serve clients from across Central Kentucky.