loldfield@laolaw.com
loldfield@laolaw.com
You may have decided divorce is the only way to get back on track
to a healthy tomorrow and a positive future for your family.
Or you simply don't have a choice. It's going to happen. What does that mean for you NOW?
A Settlement? Probably. A trial? Possibly.
I understand your concerns and worries. You are anxious about assets you have worked so hard to earn. You may have uncertainties about the effect of your divorce on the children you care so much about. Bottom line, you want decisions to be equitable and you want to play an influential role in those decisions.
The Kentucky Dissolution process can be complicated and difficult.
It is critical that you have competent counsel to protect your rights.
My 25+ years of working closely with attorneys, judges, court personnel and clients has given me the insights that will help you to reach your goals with clarity and efficiency. Navigating your way toward a new life can begin with a conversation.
I am here to help.
While it is certainly true that a majority of divorce actions are resolved by agreement, there are times when agreements are not possible and litigation is necessary.
This doesn't have to be disconcerting; its just another possible step we may need to take.
Often, these early contacts with the Court can clarify important issues and familiarize you with the litigation process. This can lead to a successful agreement later
without the necessity of a lengthy and costly final trial.
It is not unusual for the beginning process of a divorce to be uncomfortably contentious. Kentucky law permits resolution by agreement at any point.
That's why we will work quickly to resolve these early issues so we can progress toward a more peaceful and productive final agreement as soon as possible.
Let me help get you back on track to a healthy tomorrow.
This website can offer only general information. Your concerns and questions should be addressed by a personal consultation with me.
Custody is the most highly charged and emotional area of Family Law.
You want what's best for your children, but it's difficult in a divorce to know exactly what that is. Especially if both parties are in significant disagreement.
Kentucky and Ohio provide for two forms of legal Custody. Although the different states use different words, the actual meaning is essentially the same.
Joint Legal Custody / Shared Parenting provides for a combined cooperative parenting relationship. It is a popular misconception that these terms deal with where the children reside. The actual purpose is to provide for joint decision making for the benefit of your children.
Sole Custody provides all major decisions regarding the children will be made by only one parent.
Understanding the details of these forms of custody is just the beginning of what you will be facing. There is a good chance that major decisions like religion, schools and doctors have been made by you and your spouse. This will profoundly help in finding lawful and amicable resolutions quickly. While this is not always possible, it is the goal of the Courts to keep consistency in the lives of the children. With compassionate, thorough assistance I will do my best to protect your interest and those of your children. Even if there are disagreements over the most basic decisions effecting your children, it is important to work constructively toward shared responsibility in your children's daily lives and long-term development.
In a joint custody / shared parenting situation the parties must strive to put aside their differences and find what is best for the children.
Many times mediation (which is often mandated by the Court) can be helpful in resolving problems. And, when agreements just can't be reached, the Court will ultimately make the decision. While most people strive to avoid having decisions that will effect the rest of their lives made by a Judge, it is important to know that the option is available.
A contentions custody battle can be destructive. Problems can sometimes seem insurmountable. This is where my experience and familiarity as a seasoned trial attorney will help guide you to the most productive course of action. I have the benefit of watching thousands of families wade through these waters. The experiences of others have provided me with a great deal of insight as to what works and where potential pitfalls can be found. Ultimately you will decide what works for you and together we will work to achieve those goals.
Whether your case is simple or complex you can count on me to speak to you directly and frankly about your options, potential benefits, and possible risks. I know that you have your child's best interest at heart and I will work vigorously to protect those interest and your own.
This website can offer only general information. Your concerns and questions should be addressed by a personal consultation with me.
Unfortunately, domestic violence including both physical and emotional abuse
is a reality in many divorce cases.
Should your physical safety be threatened a call to the police
should be your first step, however, that may not be enough.
Kentucky has procedures in place for the issuance of Protection Orders when such Orders are necessary.
These Orders can prohibit certain behaviors and curtail contact. Even if there is only the threat of physical violence a Protection Order may be necessary.
Obtaining a Protection / Restraining Order may simply mean going to the courthouse in the county where you reside to make an application Your application will be considered by the Judge at the time it is received. The Judge, if they feel it is warranted will, without a hearing, issue a Temporary Order. At that point the other party will be served and a full hearing will be scheduled to determine if this temporary order should be made permanent.
While many often make application for the protection order without counsel, I believe that it is very important that you seek counsel for the hearing itself.
The law prohibits domestic violence and the Courts take these issues very seriously.
For those who have been accused of domestic violence you need to know that these orders can be extremely onerous and can have permanent implications for those against whom they are entered. They can lead to loss of employment, loss of certain rights, and jail if they are violated. They are serious matters and demand qualified counsel.
This website can only offer general information. Your concerns and questions should be addressed by a personal consultation with me.
Child support is probably the most common action in family law. Whenever there are children in a dispute either through a divorce or a custody proceeding the issue of support must be addressed. If you are not married then paternity is the first step towards the establishment of support. If the child is of a marriage a parent may proceed directly to the issue of support.
All of the counties in which I practice have a child support office whose job is to assist parents with the establishment of support and sometimes paternity. This service can be a cost savings to the parties as they do not charge for this valuable service. Occasionally, however it can feel that one party, many times the custodial parent, receives the assistance of a child support attorney and the other does not. It is important to keep in mind that they work on behalf of the child.
The amount of child support is determined by a formula that has been put in place by the state governments. This formula uses the incomes of both parties, as well as a few other factors, to calculate a dollar amount which is often referred to as "guideline support". These guidelines are strictly enforced in many cases, however, they can be modified based upon factors such as parenting time, needs of the child and other specific circumstances. These deviations are not typically handled by the child support office. It is important to have legal representation by a qualified attorney to assist with the appropriate application of these factors. Details such as a-typical income and special circumstances of the child can be overlooked, yet they are important in establishing an accurate picture for purposes of determining appropriate support.
I am very familiar with the support guidelines and the calculations used. I have represented both the recipients and the payors of child support and I am familiar with the systems and the calculations. I can help with both establishing support and enforcing those orders of support. Because there are exceptions that may be relevant in your case, my experience can be invaluable in assisting you to a fair and proper outcome.
And, as if divorce and custody are not stressful enough on their own the failure to pay / receive child support can be devastating and can have profound consequences. If this happens, it is critical that you call me immediately so that we can begin to work towards a solution.
Keep in mind that the amount of support is not unchangeable, even after a permanent order has been issued by the Court. If a modification is necessary because of a change in circumstances, I can help ensure that you and your child's best interest are kept foremost in the eyes of the Court.
Many believe that child support and visitation or parenting time are connected. This is not the case. You can not withhold visitation when support is not being paid and when visitation is being denied you cannot withhold support. It is common misconceptions like these that lead to unnecessary friction and court action. I am available to you when questions and confusion such as this arise.
My resource page has the contact numbers for the various child support offices. This website can only offer general information. Your concerns and questions should be addressed by a personal consultation with me.
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