Our clients often ask, “what do I need to know if I’m thinking about / going through a divorce in Louisville?” While it is important to know that a blog cannot and does not constitute legal advice, and each case is genuinely unique, some things might surprise you to learn as you prepare for a divorce. One of the important things to consider is that your words and actions matter before, during, and after a Louisville divorce. The experienced family law and divorce attorneys at Dodd & Dodd Attorneys, PLLC are not only here to protect your goals and interests during and after a divorce. We are here to help you develop strategies to accomplish your objectives at each specific point and throughout the process.
Most of our clients have yet to consider that the Judge in their case will be carefully observing every action, every spoken or written word, and how each party comports themselves in Court and as they communicate with each other. The Judge is going to make or approve many important decisions that will have a profound effect on your life and the lives of others and your children now and in the future. How you handle yourself will substantially impact your ability to accomplish your own goals and objectives.
How will your words and actions matter during and after your divorce? One example is the disclosures required at the outset of the divorce process. The parties are required by Kentucky law to provide a complete, accurate, transparent disclosure of all liabilities, accounts, and assets as one of the first steps in the divorce process. If one or both of the parties are not able to be completely honest about these types of issues, the Court will consider their ability to be truthful in any issue throughout the case.
Any attempt by a party to hide money, fail to report or under-report the value existence of or value of every asset, manipulate their income or the value of a business or professional practice, load up credit cards, or remove money from marital accounts can not only damage your own interests, but it can also be a violation of an essential fiduciary duty under Kentucky law.
Here in Kentucky, the Court isn’t interested in issues such as an extra-marital affair that might have led to the divorce. If one of the parties is able to prove the other gave lavish gifts to or spent marital money on activities outside of marriage, these monies and value may be deducted from their share of the remaining marital property.
Our Family Courts can and will impose harsh consequences on those who attempt to hide or transfer money or assets before or during a divorce. You can’t just give money or assets to a close friend or family member in order to keep them for yourself. The experienced divorce and family law attorneys at Dodd and Dodd will help develop specific strategies to protect what is important to you while fulfilling all duties under Kentucky family law and properly conducting yourself before and during your divorce.
Keep in mind that every word you speak into a voicemail, every word you write in a text or email, can and will be used against you in a divorce. Imagine that the Judge in your case will listen to that voicemail or read that text or email. The reality is this: the Judge is often provided the messages of one of the parties to the other during the divorce process. Before you respond to any message, call and leave a voicemail, text, or email your former spouse, pause and ask yourself, “Am I comfortable with anyone and everyone in the world hearing or reading this communication?” Do you want nosey neighbors, co-workers, church members or leaders, friends, family members, or even your children to read these words? Remember, these communications may become part of the public record for anyone to look into now, or in the future.
Your words and actions matter in a Louisville divorce.
Did you know it may not be in your own best interest, let alone the best interests of your child(ren), for you to move out of the family home before or during your divorce? The act of moving out might be used against you during child custody and parenting time hearings, negotiations, and the decisions of the Court. The other side may accuse you of “abandoning” the child(ren), which can challenge your own goals and objectives as a parent.
The parties are not required to specifically “separate” or move away from one another prior to a divorce. If you feel compelled to move out, seek the insight and counsel of your divorce attorney at Dodd & Dodd. It may be essential to complete child custody and parenting time negotiations or processes in Court before moving out of the family home. Those who are moving out of their home during a divorce should make sure to have comprehensive documentation of all assets.
It is in your interest to take photos or videos of every room of the house and everything you own. Are there documents from the purchase of these items or statements that establish their current value? You will also need to make sure you have copies of tax returns for the previous three years (at least), statements and records from all joint banking and investment accounts, retirement accounts and pensions, and any separate accounts or assets you or your spouse may own.
Finally, it is not in your best interest to agree to or sign anything your soon-to-be former spouse provides without asking your Dodd & Dodd attorney to review it. Your words and actions matter before, during, and after your divorce in Louisville and throughout Kentucky. It is important to take time to pre-plan your divorce and develop the types of strategies necessary to protect yourself and your goals and interests. This is also why seeking the advice and counsel of the experienced and proven divorce and family law attorneys at Dodd & Dodd is important.
We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
