A Kentucky divorce with children involves 7 major steps. If your case is complex or goes to trial there may also be Discovery. If you need to do additional Discovery this really is its own step and should be started as soon as possible. Many of the steps can be completed simultaneously (i.e. you can.
The Kentucky Supreme Court, in the recent case of Pennington v. Marcum, clearly defined custody and visitation and reaffirmed the requirements for modifying both custody and visitation, during and after a divorce decree. Custody is traditionally described as the care, control and maintenance of the children. Kentucky only recognizes two categories of custody; joint custody.
On August 21, 2008, the Kentucky Court of Appeals rendered the decision in Dutschke v. Jim Russell Realtors, et. al., affirming the enforceability of arbitration agreements in real estate Sale and Purchase Contracts. This decision became final in May of 2009 when the Supreme Court rejected the Dutschke’s motion for discretionary review. The Dutschke’s had.
In a divorce, Kentucky law requires that property be divided “in just proportions” or equitably. Equitably may or may not be evenly. When dividing a home that one of the parties owned before the marriage Brandenburg v. Brandenburg, 617 S.W.2d 871 (Ky. Ct. App. 1981) is the Kentucky case on point. The Brandenburg Court stated.