5 Mistakes to Avoid During a High-Conflict Divorce in Kentucky

High-conflict divorces are usually high stress, and they can stretch on for months. Divorces that include dividing up significant assets or involve contested child custody can take more than a year to resolve.

An experienced family law attorney can provide the guidance needed to put the strife of divorce in perspective, protect your legal rights, advocate for fair financial division, and preserve your relationship with your children.

Take Advice From Knowledgeable Experts

It can be very difficult to stay composed when you feel the court is not treating you fairly, but it’s critical to think and act strategically rather than impulsively. This includes avoiding the following behavior:

1. Don’t Let Emotions Drive Your Communication

Every text message, email, and voicemail is potential evidence in a high-conflict divorce. Any hostile communication, even if it seems justified, will certainly be used against you. Be aware that social media posts that reflect negatively on your spouse, include photos from new relationships, or comments on financial issues can become evidence in court.

Attorneys suggest communicating with your spouse only when absolutely necessary. Keep your tone neutral and discuss potentially hostile or legally important topics with your attorney before responding.

2. Underestimating How Kentucky Handles Property Division

Kentucky is not a community property state. It requires equitable distribution, meaning courts divide marital assets fairly based on the specific circumstances of each marriage, though not necessarily equally. Assets owned by one spouse before the marriage as well as inheritances and gifts are generally excluded from division. When dividing shared property, courts consider each person’s contribution to the marriage, the length of the marriage, and each party’s financial circumstances after the divorce.

It’s crucial to document separate property, including anything that was owned by one spouse before the marriage or an inheritance given to one spouse. However, when an asset that is owned by one spouse is comingled in support of both spouses, such as an inheritance used as a downpayment on a home, it can be difficult to trace. Still, it is important to document individually-owned assets as well as shared accounts.

Economic misconduct, such as excessive spending on joint accounts or moving money out of a jointly-held retirement account, is monitored by the court and can be penalized through the court’s final order.

3. Using Children as Leverage

Putting children in the middle of a divorce dispute is harmful to them and viewed critically by the courts. Kentucky courts make custody decisions based on a child’s best interests. The state standard is to award joint custody and shared parenting time unless there’s a significant issue with a parent.

Judges look unfavorably on parties who cause psychological harm when attempting to influence children to favor one parent. If one parent has a domestic violence order against the other, the judge is unlikely to award joint custody.

4. Making Financial Moves Without Legal Guidance

During a contentious divorce, some spouses attempt to move money, transfer assets, or increase the amount of jointly-held debt in anticipation of the court proceedings. Courts are able to review these transactions, including attempts to conceal assets. These actions are serious and can result in court-ordered sanctions.

Individuals involved in contested divorces should not close joint accounts, make large purchases, or change beneficiary designations without consulting their attorney. To prepare for court appearances, gather financial documents, open an individual bank account, start establishing individual credit, and document assets and debts shared with your spouse.

5. Navigating the Process Without an Attorney

It is possible to self-represent in Kentucky divorce proceedings but it’s inadvisable for highly contentious cases. Family law is complex and impacts the future of you and your family. When children, a business, or complex finances are involved, partnering with a knowledgeable attorney is highly recommended.

Work With an Experienced Kentucky Divorce Attorney

An attorney from Rachelle Howell Law Firm can share options for reducing costs and conflict in a contentious divorce. They may seek to use the collaborative divorce process, which is a structured way of reaching an agreement without the additional stress of court appearances. If that is not appropriate for the circumstances, a Howell Law litigator can represent your interests in court. Call for a consultation today.