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Divorces include elements of unpredictability

On Behalf of | Jul 19, 2017 | Divorce

Although Kentucky state laws guide divorce proceedings, no one can predict the final terms of a divorce settlement in its entirety. Filing for divorce begins a process that could include negotiations, compromises, and court rulings on matters of property division, child custody and spousal support. When former partners cannot come to legally acceptable terms privately, a family court will intervene and rulings depend on interpretations of factors like the best interests of the child and the opinions of judges.

During a divorce, marital assets and debts will be decided. Courts attempt to make rulings that provide for an equitable outcome for both parties. When a person strongly desires possession of a business, giving up the family home during negotiations could achieve that goal and prevent a judge from making an arbitrary decision.

Issues of child support and spousal support also get decided on a case-by-case basis. State law offers guidelines on the calculation of the former payments, but deviation from the rules occurs often. The custody schedule could impact a payment amount as well as the income of both parents. When judges oversee custody disputes, they tend to see parents under emotional duress and only hear negative testimony about each person. Confronted with a skewed view of the parents, a court’s ruling might not accurately reflect an ideal resolution.

Because the first outcome of a divorce might not suit one or both parties, a former spouse could approach an attorney about modifying a custody schedule or the amount of child or spousal support. An attorney could listen to the client’s goals and explain the options available under the law. After organizing documentation, an attorney could petition a court with a request to alter the original agreement.