Areas of Practice
over 30 years of experience Practicing:
Divorce
There is no other way to say it - divorce is one of the most difficult times of a person's life. At Devine Law Group, we care about you and your family. One of our first conversations with you will involve whether your situation is actually heading toward divorce or whether with the help of appropriate professionals and resources you may find that which is now broken can be mended and healed. Even marriages which may seem totally lost can sometimes be restored if both parties are willing to participate in the process. However, if divorce is inevitable then we can help you achieve a separation that is as fair and amicable as possible. Through mediation and, if necessary, litigation, we will walk you through all of the factors to consider involving your case whether it be property division, debt, child support, or child custody and timesharing. We strongly advise that you seek counsel with attorneys that you can trust when your family and the life you have built is at stake, and we hope to earn that trust so that we can protect your interests.
Child Support
One of the foremost issues in a divorce or separation involving minor children is the continued care and provision of the children. Child support involves sharing of the expenses of raising children in consideration of timesharing agreements and the income of the parties after a divorce or separation. This can be an ongoing issue as child support is often subject to modification if a change in circumstances occurs for either party or the child. With the recent trend toward equal timesharing, many child support modification cases involve reductions in support. Contact us for a consultation if you feel that your existing child support agreement may be subject to modification.
Child Custody and Timesharing
Your children are the most important part of your life and the time you spend with them is precious. After a divorce or separation, that time may be governed by legal orders or agreements and the law regarding custody and timesharing is complex. Custody is decision making authority—this usually involves items such as education, religion, and medical matters. There are a few forms of custody—joint, sole, and split. Timesharing is how much time each parent can spend with the children. In 2017, a statute was passed by the Kentucky state legislature stating that there is a presumption in divorce cases for equal timesharing. As such, unless one parent can prove that it would not be in the children's best interest to spend equal time with his/her other parent, then the law now mandates that the parties should share equal time with their children. In an equal timesharing scenario, the parties typically share joint custody of the children, meaning they have to jointly work together to make decisions regarding what is in their children's best interest. Consider a consultation with us to determine your rights concerning child custody and timesharing.
High Net Worth and Complex Asset Division
Divorce and separation among couples with a large amount of assets brings a unique set of challenges. These include tracing of marital and non-marital assets, trust and estate plans created during the marriage, business valuations, investment gains and losses, and discovery of assets that one spouse may be hiding from another. We have many years of experience handling these issues with clients of all income and asset levels. In this type of case, every detail matters. We leave no stone unturned as we seek to achieve a fair division for our clients.
Prenuptial/Postnuptial Agreements
Before or after parties get married they can contractually agree regarding how to split their property in the event of a divorce. If these agreements are not done properly, they may be deemed invalid at a later date. We have experience preparing Prenuptial Agreements and Postnuptial Agreements in order to protect the assets and interests of our clients. Contact us to discuss how we can help protect your interests while starting your marriage on a solid footing.
Relative Caregiver and De Facto Custodian
Kentucky has a law that allows non-parents to be deemed “de facto custodians” of children in their care for 6 months to a year, depending on the age of the child. Often these caregivers are grandparents but it can be anyone, even someone unrelated to the child. If you are granted the status of a de facto custodian, you are placed on the same footing as a parent. You can be granted joint or sole custody of a child, establish a timesharing schedule and seek child support from one or both parents. If you are the primary caregiver for a minor child, contact us to discover the legal rights to which you may be entitled.
Domestic Violence and Abuse
Domestic Violence can occur between married, non-marrried but cohabitating partners, or dating partners that do not live together. It can also occur between family members (mother and daughter, for example). If you feel you are a victim of domestic violence, the time is now to seek the appropriate help including legal representation in order to stop the cycle of violence. If you are accused and convicted of domestic violence, it can affect a your ability to obtain or retain employment and possibly lead to criminal charges. Whether you have experienced or been accused of domestic violence, you should seek representation by an attorney in order to determine your next steps. Consider contacting us for a consultation.
Relocation
It is not uncommon that some time after a divorce or separation one parent wants to relocate and the other parent has no plans to move. There are many statutes and rules of practice and procedure that govern what the relocating parent must do in order to even request the ability to relocate with a child. One of these is the Uniform Child Custody Jurisdictional Enforcement Act, or UCCJEA, which has been enacted in all 50 states. The UCCJEA navigates jurisdictional issues involving in cases where the parents and/or children live in two different states. Our attorneys have litigated many cases involving relocation and the UCCJEA and have taught continuing legal education classes to our peers regarding this subject. Reach out to us for a consultation regarding your case if you or the other parent of your child is considering relocating.
Adoption
Carl and Della consider it a true honor to assist others in making their families complete. Whether a step parent adoption, a foster parent adoption, or a family member adoption, we are happy to assist you on this journey.
Maintenance (Alimony)
In the event of a divorce, you may be entitled to continuing payments from your ex-spouse in order to maintain your standard of living. This is more typical when there is a large discrepancy in income between the parties. In determining maintenance the Courts consider the longevity of the marriage, the disparity in incomes between the parties, the ability of the lesser earning spouse to rehabilitate his or herself through education, and other factors. Contact us today to determine if you may be a candidate to receive or modify ongoing maintenance payments.