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Covington Area Law Blog

Husbands' employment and the risk of divorce

There are many things that can contribute to the end of a marriage. Kentucky residents who are considering getting a divorce should know that according to a 2016 study, whether or not a husband is employed is a significant factor.

The researcher evaluated 46 years of data on over 6,300 marriages in the United States. She determined that the number of divorces began increasing in the mid-1970s. She also determined that after 1975, housework was not a significant factor as women were becoming part of the workforce in increasing numbers.

Couples breaking up over Trump

There are many reasons why a Kentucky marriage may not last. While some common ones include a disagreement over finances and other incompatibilities, one study has found that couples are also getting divorced over political disagreements, particularly when they involve President Trump.

Researchers at Wakefield Research wanted to understand what impact the political environment had on marriages in the United States. The study involved 1,000 participants from across the nation. Ultimately, 24 percent of those who were in a relationship reported that they have been disagreeing or arguing with their partner over politics more than ever since President Trump was elected. Further, 22 percent also reported that they knew at least one couple who has had the political environment cause damage to their relationship.

Reasons for divorce among older couples

While couples in Kentucky and throughout the country who are 50 and older might be more likely to divorce than they were in earlier generations, a closer look at statistics shows that not all marriages of older couples are equally vulnerable. Furthermore, couples younger than 50 still have a divorce rate twice that of their older counterparts.

There are two common denominators among couples who are more likely to divorce. Couples who are less financially stable and who are on a second or later marriage are less likely to stay married. Couples who own property together are less likely to get a divorce, and first marriages are less likely to end in the divorce than later marriages. Divorce among older couples does not appear to be particularly correlated to children leaving home, retirement or other elements that some have speculated about to explain the phenomenon of what is called "gray divorce".

Should you date while divorcing?

Getting through a divorce or a child custody dispute is difficult enough emotionally. It is unlikely that a person will go through this experience alone. In these instances, it is easy for a person to lean on someone emotionally (and perhaps romantically) for support. Because of this, some may question whether a person going through a divorce or custody matter should date someone else during this process.

Ultimately, it is a question of scruples, because there is no clear right or wrong answer. However, there are certain elements that should be considered. This post will highlight a few of them. 

Common errors parents make in custody proceedings

Kentucky parents who are seeking custody of their children during the divorce process are urged to make the proceeding about the children as opposed to about themselves. This means that a parent should not imply that the other parent doesn't deserve custody because of his or her misdeeds in a marriage or relationship. It is also important for parents to not imply that a child belongs only with one parent.

Making a child custody hearing about the other parent may suggest to a judge that he or she may actually be more fit to raise the child. By insisting that a child likes one parent over the other, it could imply that a parent wishes to cut the other parent out of that child's life. In most cases, both parents are presumed to have rights to a child under the law.

3 ways to avoid driving drunk this summer

Summertime brings an increase in backyard parties, vacations and gatherings with family and friends. These events usually mean there will be alcohol available.

Do not let the fun prevent you from making smart choices concerning alcohol. The last thing you want to worry about is a DUI. Do these three things to avoid driving drunk after your summer celebrations.

Reality TV couple finalize their divorce

Kentucky residents who follow the popular Bravo reality television series 'The Vanderpump Rules" may be aware that two of its stars, Scheana Marie and Mike Shay, filed for divorce in November 2016. The couple vowed to remain friends and treat each other with respect when they announced that they were separating after two years of marriage, and media outlets reported in April 2017 that Marie and Shay had reached an amicable divorce settlement.

According to the reports, the divorce settlement requires Marie to pay her former husband $50,000. The couple have no children, and media accounts indicate that the payment is being made to compensate Shay for assets that he ceded to Marie during property division negotiations. The couple's assets are said to include a retirement account valued at $31,000, a bank account containing $1,000, a Ford Explorer SUV worth $49,000 and a Nissan sedan valued at approximately $19,000. In addition to the $50,000 cash payment, Shay will be allowed to keep a GMC pickup truck.

Technology and parental communication with children

If divorced Kentucky parents of young children live relatively far away from each other, there might be an agreement in place that the noncustodial parent communicates with the child using technology such as Skype, Facetime, phone calls or texting. However, in some cases, custodial parents might wonder whether they can prevent the other parent from communicating with the child in this way.

In general, courts prefer to encourage rather than discourage communication between children and their parents. There may be strict rules in place about when and how parents and children communicate if necessary, but if there are no issues such as abuse, it is unlikely that a court would agree to cutting off contact. If the noncustodial parent is harassing the child through excessive phone calls, texts or other methods of communication, the custodial parent may want to return to family court to try to resolve the situation. Parents should document the harassment

What are the penalties for a DUI?

If you face DUI charges in Indiana or Kentucky, the question of what are the potential penalties looms as a major concern. The short answer is every lawyer's favorite: it depends. Penalties for a specific case can be based on a number of factors.

As a general matter, both Indiana and Kentucky have an assortment of penalties. These include fines, jail time, license suspension, completing a substance abuse program, community service and probation that may include installing an interlock device on your vehicle. Your judge may sentence you to one or more of these penalties.

How domestic violence may affect a child custody case

When a Kentucky parent leaves a relationship amid allegations of domestic violence, that parent might wonder how the allegations will affect child custody. A parent will not automatically lose access to a child because of allegations of domestic violence. A court will take a number of factors into account, including looking at evidence to support the allegations, such as photographs and police reports.

The court will also consider the severity of the violence, its effect on the child, and how often the violence occurred. If the court determines that the child or their parent is unsafe, the other parent may not be granted custody. However, this still does not mean the parent will necessarily lose all access to the child. The parent might be allowed supervised visitation. This parent could be required to attend domestic violence counseling, parenting classes or anger management classes. Visitation might also be revoked either temporarily or over the long term, and a parent may have a protective order filed against them.