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Covington Area Law Blog

Tips for fair property division in a divorce

On behalf of of Kevin Moser Law, PLLC posted in Property Division on Wednesday, September 27, 2017.

Property division negotiations between Kentucky couples who are getting a divorce may hold some financial pitfalls. For example, a couple may decide that one will take a 401(k) while the other will take a brokerage or checking account that has the same value. However, the person who takes the brokerage or checking account has a much more liquid asset than the person with the 401(k) because of penalties associated with withdrawals from the retirement account.

A couple may decide to split the 401(k) as a fairer arrangement, but they will need a qualified domestic relations order to do this without incurring any penalties. Once a person receives a distribution from the 401(k), it is necessary to roll it into an individual retirement account within a 60-day period.

Dealing with a toxic spouse while getting a divorce

On behalf of of Kevin Moser Law, PLLC posted in Divorce on Thursday, September 21, 2017.

When some Kentucky couples decide to get a divorce, they are able to settle quickly and amicably. However, other couples are not able to do so, especially if one spouse has a high-conflict personality. These people often like to drag out court battles and create unnecessary arguments just because they thrive on this conflict. While having a spouse with a high-conflict personality may make the divorce more difficult, there are certain things people can do to make it less toxic.

Those getting a divorce from a high-conflict personality spouse should ensure that they get everything in writing. This means that those who tend to have in-person conversations or have phone calls with their ex should stick to written forms of communication only. This include emails or even using the attorneys to send messages to each other. Getting financial paperwork together as quickly as possible is also recommended as toxic spouses may begin to avoid providing these important documents as the process continues.

A look at who may be most likely to divorce

On behalf of of Kevin Moser Law, PLLC posted in Divorce on Monday, September 18, 2017.

According to data from the 2015 American Community Survey, those who have travel-intensive jobs or work in the nightlife industry are most likely to get a divorce. Conversely, those in Kentucky or elsewhere in the country are less likely to get divorced if they work as science or medical professionals. Additionally, the likelihood of a person getting divorced may also depend on how much he or she makes.

Some people feel that the divorce rates are likely lower for professions involving math and science because they require people who tend to be rational and level headed. Those who work as bartenders or flight attendants need flexibility, which may not coexist with a long-term relationship. It is important to note that when all professions are taken together, they tend to stay close to the national mean rate of divorce, which was 35 percent in 2015.

Protecting retirement assets in divorce

On behalf of of Kevin Moser Law, PLLC posted in Divorce on Wednesday, September 13, 2017.

Divorcing couples in Kentucky often have many things on their minds. Child support, alimony, and property division are often major considerations in either an uncontested or contested divorce.

Unfortunately, some couples, particularly those who are under 50, may ignore the importance of appropriately dividing retirement assets. Appropriate levels of retirement savings are crucial to being able to enjoy a comfortable old age, which means that both spouses should seek to protect their share of these assets.

How divorced parents can give their kids structure

On behalf of of Kevin Moser Law, PLLC posted in Child Custody on Friday, September 8, 2017.

When Kentucky parents get divorced, they will still likely be required to maintain some sort of relationship while they continue to raise the children. However, effectively raising the children can be difficult when both parents decide to have a different set of house rules. This can be hard for the kids because they may become confused or never know what is expected of them.

One way that parents can work through this problem is to get together and hammer out the house rules that both parents can agree to. The goal is to ultimately create structure and determine, together, what is in the best interests of the child. Topics can include bedtime, homework habits and even what snack items the kids should be allowed to have.

Tips for co-parenting after divorce

On behalf of of Kevin Moser Law, PLLC posted in Child Custody on Thursday, September 7, 2017.

Some divorced Kentucky parents of young children may have the challenge of dealing with a difficult former spouse. If the conflict is largely one that is between the two parents and does not involve issues such as addiction or abuse, there may be ways of reducing the conflict. Often, the conflict may be largely due to the turmoil of divorce and may work itself out over time. The first step is to keep the focus primarily on the well-being of the child.

This means only communicating with the ex-spouse about issues that involve the child. The parent should draw strict boundaries around personal issues and avoid sharing this kind of information with the ex-spouse. A parent should also avoid making negative comments about the ex-spouse to the child. Children should have the opportunity to build a relationship with both parents and to be honest about their emotions, and this can discourage them from doing so. The relationship with the other parent should be encouraged.

Tips for preventing a DWI during Oktoberfest

On behalf of of Kevin Moser Law, PLLC posted in blog on Wednesday, September 6, 2017.

Oktoberfest is right around the corner. Yes, that is right. Even though the name contains October, the celebration begins in September. How long it lasts depends on where you are located. 

If you plan on participating in the festivities, remember to plan for after the party as well so you do not end up with a DWI. Follow these tips so you can have an enjoyable time without involving the police.

Do's and don'ts of a DUI stop

On behalf of of Kevin Moser Law, PLLC posted in blog on Tuesday, September 5, 2017.

You know you are not supposed to drink and drive. Maybe you made a dumb mistake or underestimated the effects a small quantity of alcohol had on you. Whatever the reason, what do you do when the police pull you over on suspicion of drunk driving?

Knowing your rights can help prevent you from both incriminating yourself and causing conflict with the police. Remember these do's and don'ts for a DUI stop.

  • Do be respectful to the police. Pull over right away, be cooperative and show respect in your language and demeanor.
  • Do not answer any questions besides your name and driver information. Politely decline to give other answers until you have a lawyer present.
  • Do not take a field sobriety test or preliminary breath test. These are not requirements and are often not accurate anyway.
  • Do call an attorney immediately to guide you on what to do and say. An attorney can build your case and fight for reduced or dismissed charges.

Shared parenting in Kentucky

On behalf of of Kevin Moser Law, PLLC posted in Child Custody on Thursday, August 31, 2017.

A Kentucky law promoting shared parenting that went into effect earlier in 2017 could increase gender equality and family happiness. Nationwide, family courts have in the past skewed their physical custody decisions overwhelmingly toward mothers. The effects of this have kept women dependent on child support payments, limited their career opportunities because of constant child care duties and separated fathers from their children.

Shared custody grants both parents roughly equal time. This frees mothers from some child care demands and gives them more opportunities to develop a career instead of being tied to the home every day. Children benefit from the arrangement as well because they can develop and maintain meaningful relationships with both parents. Children desire closeness with both mothers and fathers, according to multiple research studies. Fathers also benefit from bonding with their children instead of suffering the heartache of separation caused by weekend-only visits.

How people can protect themselves in divorce

On behalf of of Kevin Moser Law, PLLC posted in Divorce on Monday, August 21, 2017.

Many Kentucky women who are going through a divorce earn significantly less than their husbands. On average, U.S. women still earn around 82 cents for every dollar that men do, and the financial setbacks that may accompany divorce can hit women particularly hard. After a divorce, the household income of women falls almost twice as much as men's does.

There are a number of reasons that women may earn less money. One is that they often have the duties of caring for their children and parents. However, there are steps women can take to better prepare themselves financially for life after divorce.