Divorce is a life-changing event, but with an experienced and sympathetic counselor by your side, you may be able to reduce stress and resolve differences with your spouse so that each of you can move on to the next chapter of your lives. At the Law Office of Roland P. Merkel, I assist divorcing spouses in Kentucky with both contested and uncontested divorce proceedings, as well as issues that arise post-divorce. Whether you need help creating a fair child custody or visitation plan, requesting spousal maintenance, or dividing marital property and assets, I advocate for your rights during every stage of your divorce.
As a parent, you want what is best for your child, and so do the courts. If you and your spouse are aiming for an amicable divorce, I can help you come to a fair agreement regarding child custody that the court will accept. In addition to assisting you with your custody arrangements, I can help you create a fair and balanced visitation schedule. If you and your spouse are unable to come to an agreement regarding child custody, the court will make that determination, based on a variety of factors but foremost what it considers to be in the “best interests” of your child. Whether your son or daughter will live mainly with you or your ex-spouse, I strive to protect your child’s best interests as well as your rights as a parent to remain a vital part of your child’s life.
Kentucky is an equitable distribution state, which means that during a divorce proceeding, marital assets and property will be divided by the court in a manner that is fair, but not necessarily equal. Nonmarital or separate property and assets are subject to restoration to the proper party. In order for property or assets to be deemed nonmarital, you must show the court either:
If you and your spouse cannot come to an agreement about the distribution of marital assets, you will greatly benefit from the assistance of an experienced divorce attorney who will fight to protect your interests by ensuring the court has accurate and full information about such assets.
Whenever possible, you and your spouse should do everything in your power to part ways civilly. I can help you draft agreements to cover issues such as asset division, spousal maintenance, child custody, and visitation. By choosing uncontested divorce, or mediating to reach an uncontested divorce, you save yourself a tremendous amount of time, stress, and money. If you have young children, this process spares them added grief and turmoil in the transition to a new way of life.
Mediation is best suited for couples who are willing to work to settle their divorce outside of court on issues such as asset division, spousal support and child custody. As an experienced family law attorney and mediator, I offer trusted mediation services. If called on to be the mediator, I act as a neutral third party with the goal to encourage you and your spouse to find common ground and come to a mutually beneficial agreement. If retained to be your attorney, I am your advocate throughout the litigation and participate with you as legal advisor and negotiator in the mediation session. Many couples prefer mediation to protracted divorce proceedings because it is usually less expensive, less time-consuming, and offers couples more privacy than litigation.
In Kentucky, spousal maintenance, commonly referred to as alimony, may be requested by either spouse during a divorce proceeding. You can request temporary spousal support while your divorce is ongoing, and/or full maintenance to be paid after your divorce is finalized. It is important to keep in mind, however, that spousal maintenance laws in the state are strict, and alimony is only granted if spouses seeking support meet certain criteria. If the court approves a maintenance request, it will review many factors in determining the type of support, the amount, and the duration. Whether you are requesting spousal maintenance or are contesting your spouse’s request for support, I provide you with diligent representation and work to uphold your rights to maintain your standard of living as closely as possible.
The Law Office of Roland P. Merkel provides a full range of divorce services to Kentucky clients. Call 859-263-1123 or contact my firm online to discuss your case with me at my Lexington office today.