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Divorce Basics: Equitable Division
How does a Kentucky family court decide who gets what in a divorce? Property division in Kentucky is about classification first, valuation second, and equity last. Kentucky is an “equitable distribution” state. There is no rule that property will automatically be divided 50/50 or according to some other formula. What is equitable? Under KRS 403.190,…
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Divorce Basics: Valuation
When a couple divorces, one of the most important steps is figuring out how to divide their property. Property division in Kentucky is about classification first, valuation second, and equity last. Thus, before a family court can determine what an equitable division looks like it must assign a value to each asset. Whether you are…
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Divorce Basics: Classification
Marital vs. Non-Marital Property in Kentucky My spouse is offering me half the value of our assets if we do not use an attorney. Is that a fair deal? Maybe. Dividing property during divorce is not always as simple as splitting everything 50/50. In Kentucky, it is important to consider the difference between marital and…
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Divorce Basics: Financial Disclosure
If you’re going through a divorce in Kentucky, one of the most important parts of the process is the financial disclosure. Kentucky law requires full and prompt financial disclosure so that both parties and the court have an accurate picture of the marital estate. This ensures that decisions about property division, spousal maintenance, and child…
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Unequal Property Division Not Supported by Substantial Evidence
Bradley v. Bradley NO. 2022-CA-0960-MR FLOYD FAMILY COURT Decided by CETRULO, ECKERLE, AND GOODWINE, JUDGES Opinion by CETRULO, JUDGE Date Rendered: September 8, 2023 Issue: Whether the Family Court erred in adopting husband’s tendered order. Issue: Whether a 60/40 division of a marital estate was equitable. After a trial on multiple property issues, the…
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