Family Law
The family law attorneys of De Renzo Durrett, PLLC in Louisville, Kentucky understand the importance of the family unit, as well as the fact that sometimes that unit is subject to change due to unfortunate circumstances.
Successful family law practitioners must have an ability to listen and provide compassionate client service. The attorneys of De Renzo Durrett have that ability, and understand.
The laws involving divorce, child support, custody of children, and division of property and debts, are complicated and require competent, skillful and knowledgeable attorneys to properly apply those laws. The attorneys of De Renzo Durrett can help with these issues.
Our family law practice includes :
We realize that the problems you face in family law are life-altering and extremely upsetting and we work hard to lighten your burden. Please call us for assistance in these matters
Divorce
Divorce is hard. Even the simplest of "uncontested" divorces can be emotionally taxing. Many issues confront persons facing a divorce. Those issues include property rights, financial obligations to creditors of a divorce, spousal support, and, most importantly, issues related custody of minor children. It is always wise to educate yourself before making decisions regarding any of these issues. De Renzo Durrett, strongly encourages people to have at least an initial consultation with an attorney to find out what your rights and obligations are before you make decisions that will affect the rest of your life--let alone, the lives of others.
GROUNDS FOR DIVORCE:
Kentucky is a no-fault divorce state. In essence, this means that so long as one of the parties wishes to end the marriage, divorce will be granted.
Before filing for a divorce, one or both of the parties must have resided in the Commonwealth for 180 days. Before a divorce will be granted, the parties must have been separated for 60 days. "Separated" in this sense means "no intimate contact," which means that the parties could still be living under the same roof, but so long as there is no sexual cohabitation, the divorce will still be granted.
Property Distribution
Kentucky is an "equitable distribution" state. This means that the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is “fair.” The Court encourages the parties to reach agreements regarding the distribution of property, however, if an agreement cannot be reached, pursuant to KRS 403.190, the court will assign each spouse his or her non-marital property and divide the marital property without regard to marital misconduct based on: (a) the contribution of each spouse to acquisition of the marital property, including the contribution of a spouse as a homemaker; (b) the value of the property set apart to each spouse; (c) the duration of the marriage; and (d) the economic circumstances of each spouse when the division of property is to become effective (including a preference for awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children).
Spousal Maintenance:
Maintenance is not awarded in every case. It is in the Court's discretion whether it will be awarded and for how long. KRS 403.200 sets forth some of the criteria to be considered: (1) Does one spouse lack sufficient property, including marital property, to provide for reasonable needs; and (2) Is that spouse unable to support him or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. If so, any maintenance award will be set based on all relevant factors including: (a) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (c) The standard of living established during the marriage; (d) The duration of the marriage; (e) The age and the physical and emotional condition of the spouse seeking maintenance; and (f) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.
Child Custody and Support.
Once the divorce is granted there may still be many issues that need to be resolved or modified over the years including child custody, parenting time and child support.
We understand that divorce is never easy and, particularly if there are children involved, often contentious and neverending. We can help you through it every step of the way.
Visitation Rights
Children need to be with people who love them. Whether married or unmarried, mothers and fathers need to have parenting time with their children that is safe, happy, and enriching. To the contrary, if a child is being exposed to an environment that is unsafe, unhappy, and devoid of value that child deserves to be kept safe. We understand this. We can help you attain a parenting time situation that is best for your child.