Kentucky Family Law Attorney
Working Hard For You and Your Family

Divorce, custody, and family law matters are often the most contentious and emotional types of cases for the litigants. Not only do people face the potential to loose their money and assets to the other party, but often times they also face losing, or having restricted, their rights to raise their children the way that they see fit. Because these cases have so must at stake, they often bring with them a great amount of emotions and stress. With Andrew, your case will not just be another case. He only accepts a small number of family law cases at a time to make sure that each case is handled appropriately. With Andrew, your case will receive the special attention that you need. He will spend the time and resources necessary to explore the details of your case including the financial and social factors relevant to you and your family.

Responsive and Compassionate Services

In order to achieve the best results for your case, you will need to be open and honest with your attorney about your family law matters. This may be uncomfortable or embarrassing for some clients, but you can be assured that your sensitive matters will be kept confidential under the attorney-client privilege. This attorney-privilege will be explained to you, and you can have confidence that this office holds the attorney-client privilege in the highest regards.

  • Divorce
  • Property division
  • Child custody and visitation
  • Child support
  • Spousal maintenance (alimony)
  • Post-decree modifications
  • Prenuptial agreements
  • Domestic violence cases
  • Child protective service petition defense

Contact Andrew today for your free consultation and rate quote. 502-744-3825

Kentucky Marital Property Division Attorney
Helping Couples Tackle Tough Property Division Issues

At Andrew K. Gailor, PLLC, Andrew understands the personal nature of every divorce. If you are facing a difficult property division issue in your divorce Andrew can assist by providing detailed oriented and personalized legal advice and services to help you thought that division. Andrew is committed to bringing his clients through their divorce and litigation in an efficient and compassionate way so that the clients can focus themselves and their children.

Do you need to discuss property division issues?

Call Andrew at 502-744-3825 for a free consultation

Equitable Distribution of Property

Property division can be a complex divorce issue. Pursuant to KRS 403.190, Kentucky Family Courts are required to assign each party their own non-marital property and then to equitably divide the marital property between the two parties. This does not necessarily mean a 50-50 split. The Court can consider the following in deciding the division:

  • Contribution of each spouse to acquisition of the marital property, including contribution of a spouse as homemaker;
  • Value of the property set apart to each spouse;
  • Duration of the marriage; and
  • Economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children

In this equitable distribution process the Court consider many factors, but first the Court will determine what property is martial versus non-marital. Whatever the Court determines to be a party’s non-marital property the court will assign that to the party. The Court will then equitably distribute the remaining marital property. To start, marital and non-marital property have to be distinguished:

  • Marital property – Marital property is any property accrued during the marriage. This includes property gained individually and as a couple.
  • Non-marital property – Non-marital property is any property owned before the marriage and that can still be readily identifiable or traced. It also will include anything that the party receive by gift or inheritance.

Once the Court assigns each party their non-marital property then the Court will consider the KRS 403.190 factors to determine the equitable property division. Some of the relevant facts that the court should be made aware of to consider these factors might include:

  • Debts of each spouse
  • Assets of each spouse (including bank accounts, 401k, retirement accounts, stocks, collections, etc.)
  • Prenuptial agreements
  • Future financial needs of each spouse including potential alimony or maintenance
  • Each spouse’s earning potential
  • Any children involved and their financial needs

Andrew can assist you in dealing with these most complex divorce and property settlement issues. He will work efficiently towards a division that accurately reflects the financial situation of the client and will work to obtain the best result for that client.

When Divorce Changes a Spouse’s Financial Situation
Louisville, KY Alimony & Spousal Support Attorney

Besides the emotional impact of a divorce, a divorce can often cause great financial hardships on the participants. If one spouse has relied on the other for some or all monetary needs during the marriage, a divorce can disrupt his or her way of life. If you may have questions about how you will provide for yourself or pay the bills while going through a divorce you can call Andrew. He can explain your rights and let you know what to expect in the divorce process in Kentucky. If appropriate, he can assist you in pursuing temporary maintenance or support during the pendency of the divorce proceedings. This decision will be up to the judge and will be very fact specific. Andrew will be able to argue your case to the judge on your behalf.

Spousal Maintenance / Alimony / Spousal Support

In some divorces the Court will order one spouse to pay maintenance, or alimony, to the other. This is known as spousal maintenance or spousal support. A divorce may dramatically alter one spouse’s financial situation. In these cases, spousal maintenance may be a viable option to allow the receiving spouse a chance to resume his or her life and work towards financial independence. The court can award maintenance only if it finds that the person seeking maintenance both: (a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and (b) Is unable to support himself 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.

Under KRS 403.200, the Court can consider the following when deciding an amount of maintenance:

  • The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
  • The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
  • The standard of living established during the marriage;
  • The duration of the marriage;
  • The age, and the physical and emotional condition of the spouse seeking maintenance; and
  • The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.

The Court will need the following facts to allow it to make a reasonable decision on maintenance:

  • Education level of receiving spouse
  • Earning potential of receiving spouse
  • Medical status or special needs of the spouse of children
  • Length of marriage
  • Employment, if any, during marriage
  • any other relevant information.

The court can consider these facts, and any other relevant information, including who is at fault for the divorce. This can be relevant if a spouse is having a sexual relationship outside of the marriage. This fact can often be relevant to the Court’s decision. Call today to discuss your options.

Experienced Family Law Attorneys

At Andrew K. Gailor, PLLC, Andrew understands the complexities of a Kentucky divorce. He will take the time needed to understand your case needs and objectives. He will thoroughly discuss your case with you and work diligently towards obtaining your desired result.

Louisville, KY Child Support Attorney
Helping Parents, Working For Children

When divorce hits a family with children, the issues of child custody, visitation and support must be dealt with. No matter how hard the situation is for parents, children experience divorce in a different way than do the parents. What is important to remember is that these divorces are not the children’s fault and it is important to make sure that they know that.

Determining Child Support

In Kentucky, child support decisions are almost always strictly a factor of financial numbers. Kentucky has statutory guidelines to set the amount each party must pay for the child support. A good lawyer can be a benefit for you because they will argue on your behalf what numbers should and should not be used in that calculation. Some of the factors that the Court will consider are:

  • Income of each parent
  • Earning capacity of each parent
  • Number of children
  • Projected amount needed to provide care for each child

Andrew can argue on your behalf what numbers should be used in the calculations.
Call him today to discuss your case. 502-744-3825

Kentucky Child Custody Attorney Child Custody And Visitation

Kentucky Courts will address the issues of Custody and Parental visitation in every divorce and custody case. Custody and Visitation are separate issues but they are linked. Many of the same factors can be used by the Court in making the determinations. The issue of Custody is the issue of which parent will be responsible for making the important decisions for the child. These are decisions like:

  • what religion will the child be brought up in
  • will the child get braces
  • will the child have their hair cut, dyed, or substantially changed
  • will the child go on the field trip
  • will the child have an elective surgery.

These custody issues are different than what is commonly known as Custody. Custody is really just having a set parenting schedule. What days will the child be with which parent. A parenting schedule is often used to have a concrete schedule everyone can rely upon. A Kentucky Family Court can award custody exclusively to or the other parent, or jointly to both parents. The Court can also set a parenting schedule that best suites the needs of the child. The Court will use the “best interest of the child” standard as set out in KRS 403.270, along with other relevant factors, for making these decisions.

Every case is fact specific and different. These custody and visitation decisions can affect children and parents for a lifetime. Andrew is committed to helping parents through these child custody and visitation issues, while staying focused on the best interests of the child and the goals of the client. Andrew takes on only a small number of family law cases to ensure that he has sufficient time and resources to devote to his existing clients. Call today to see if he can help you.

Call Andrew Gailor at 502-744-3825.