Louisville Divorce Attorney Complex Divorce Case
How is a Complex Divorce Case defined? Simply, there is no clear answer. Each divorce is different and, to each client, the most important. When you divorce, you are asking a Court to makes decisions about your children, support (both for children and for or from a former spouse), who keeps the property and savings you started with and accrued, how will debts be paid, and how to make sure each spouse has equal access to an attorney.
For an Attorney, there are certain things you look for which make divorce cases complex:
Will the parties need an expert to offer an opinion in a case? There are many types of experts who can testify in the Complex Divorce Case.
It is not unusual for a Court to appoint a psychologist (or, less frequently, a psychiatrist) to offer an opinion about how the responsibility for parenting should be divided once a family is in two households.
In Kentucky, the owner of real property is qualified to give an opinion about the value of their residential property. But, what happens when the parties cannot agree about the value? Or, what if the property is commercial and not residential? Then, the parties hire or the Court appoints, a real estate appraiser. This expert should have additional qualifications beyond those required by a mortgage company. The expert offers an opinion about the fair market value by comparison of the real estate.
If the parties own their own business, how does the Court value that business? Either the parties hire, or the Court appoints an appraiser who values the business. When a business valuation is an issue, you are almost certainly going through a Complex Divorce Case.
Ability to Earn
When there is a long term marriage, and one party is seeking support, often questions will arise about ability to earn. Most often, a party has a medical issue, which requires a physician to testify about the impact of the medical condition on the ability to earn. Less frequently, an economic expert may be required to testify about whether the spouse seeking support is capable of earning more than they are.
When a spouse comes into the marriage with property or inherits or is given property during the marriage, the question arises about nonmarital property. Nonmarital property is given back to the spouse to whom the property belongs, together with any increase in value which is largely passive in nature.
High Earning Spouse
When one spouse is a high earner, then many issues are affected, including child support and spousal support (or alimony or maintenance). Once combined household earnings exceed $15,000 per month, the Kentucky Child Support Guidelines no longer apply. The lifestyle created by earnings can greatly affect the amount and/or duration of spousal support.
When the parties have been married for a long time, the divorce can become quite complex, particularly if one spouse has taken a cut to earnings to accommodate the marriage. The Court will then be confronted with difficult questions about how long should maintenance last. In some instances, there is no termination date placed upon the spousal support obligation.
If one spouse believes that fraud occurred during the marriage, a forensic account may be necessary. A forensic accounting may prove that earnings have been diverted because one party was planning for a divorce.
These are just some of the issues that create a Complex Divorce Case. If you are confronted with these issues, please give me a call or email me. If you want more information, please check out my website at http://jrlloydlaw.com or http://thelouisvilledivorceattorney.com or http://thelouisvilledivorcelawyer.com at your leisure. I hope I can help you with your Complex Divorce Case.