Preparing for Your First Consultation With a Family Law Attorney

Consulting a family law attorney is part of many significant life events, whether that’s the end of a marriage, protecting a vulnerable loved one, or expanding your family through adoption. Kentucky has laws and court procedures specific to each of these events, and specialized knowledge is critical to an efficient process.

An experienced family law attorney can make your family court appearance streamlined and effective, but your preparation is also key. If you arrive prepared the meeting will be more cost effective.

Gather Documents and Questions for Family Law Matters

Family law attorneys handle several kinds of cases, including divorce and custody issues, guardianships, and adoption. Make the most of your consultation with some preparation:

1. Write a timeline of events related to your case
2. Prepare questions in advance
3. Request an intake form in advance, so the attorney can likewise prepare to answer your questions
4. Bring identification for yourself and others involved

When Divorce is in Your Future

As a no fault divorce state, Kentucky does not require proof of misconduct to dissolve a marriage. One spouse must be a Kentucky resident of at least six months to file in the state, and divorce cannot be granted in less than 60 days from the date of filing.

Before meeting with your attorney, gather the following documents:

1. Marriage certificate
2. Tax returns. An attorney usually needs two to five years of federal and state returns to understand household income and assets.
3. Recent pay stubs. Up-to-date income information is necessary for filing.
4. Real property records. Get copies of deeds, mortgage statements, and recent property valuations.
5. All financials. Gather account statements from bank and investment accounts, credit cards, auto loans, and student loans.
6. Prenuptial agreement.
7. Minor children. List names, dates of birth, school information, and any current custody or support arrangements.

Understand that a family law attorney will advocate for your interests, but the court makes decisions about marital property, spousal maintenance according to the length of the marriage, both spouses’ financial situations, and the standard of living during the marriage.

If You Are Seeking Guardianship

Guardianship in Kentucky differs according to the age of the person needing care and supervision.

For a minor, the petitioner files a Petition and Application with the district court in the county where the child lives, and the court appoints a guardian. Children age 14 and older may nominate their own guardian. For an adult, the process is more complex, involving a jury trial.

To prepare for a consultation with an attorney on guardianship matters, bring medical records, unpaid bills, or other evidence of the individual’s inability to manage their personal or financial affairs. Provide the ward’s full name, address, date of birth, Social Security numbers, and information about their assets. An appointed guardian must be bonded. Your attorney can advise whether a less onerous alternative, such as a durable power of attorney, is a suitable option.

If You Are Pursuing Adoption.

Several types of adoption are recognized in Kentucky. It’s best to understand which you are seeking before meeting with a family law attorney because each has its own legal and procedural implications. The types of adoption include:

1. Agency adoptions
2. Private adoptions
3. Stepparent adoptions
4. Relative adoptions

A home study conducted by a licensed social worker or adoption agency is required by Kentucky law, to ensure a safe and appropriate environment for the adoptee. If you are seeking legal assistance for adoption purposes, bring the following to your consultation:

1. Identification
2. Birth certificate and marriage license
3. Financial records such as tax returns and income statements

An adoption petition is filed with the family court. When stepparents seek to adopt, the biological parent’s legal rights must be addressed first; if a biological parent has not been involved with the child for at least 90 days the court may waive their consent. A circuit court judge reviews the documents before an adoption is finalized. A post-placement supervisory period is required by the courts.

Meeting the Right Attorney for Your Family Law Issue

Your first consultation with an attorney from Howell Law should answer your questions about the process. You can be candid and clear, as attorney-client privilege protects your privacy. Call for a consultation today.