DOMESTIC RELATIONS AND FAMILY LAW

Several attorneys in our firm offer legal services in areas pertaining to dissolution of marriage, child custody, and post dissolution of marriage issues. DISSOLUTION OF MARRIAGE In the early 1970's Kentucky passed a no fault divorce statute. As such, it is not necessary for parties seeking to end a marriage to justify the decision to do so. However, the prerequisites to dissolve a marriage and the time associated with that procedure vary greatly between the different counties our firm services. Fortunately, we are familiar with practices in both Hardin County and the surrounding counties including Meade, Breckinridge, Grayson, LaRue, and Nelson. Consequently, our office can address many of the issues that arise in a divorce action regardless of which county the matter is proceeding in. Issues which typically have to be addressed include:

1. The value of the property owned by the parties at the time of the dissolution and wether the property in question was acquired prior to the marriage.
2. What are the tax consequences involved in the dissolution?
3. What will be the effect of the dissolution on the parties health insurance coverage?
4. Division of retirement benefits is often a very important aspect of a divorce. Obviously, in Hardin County and surrounding areas the division of Military retirement in accordance with State and Federal law has to be addressed. Likewise, other retirement benefits require considerable expertise to ensure that the benefits are allocated legally and equitably.

CHILD CUSTODY
Child Support Arrangements

For many years, it was generally accepted in the Commonwealth of Kentucky that a divorce in which there were minor children would traditionally result in the mother being the custodian of the children. However, the reality is that both parents are now typically awarded joint custody with either the mother or father being named the primary physical custodian. The days in which the mother automatically became the primary custodian of the children has passed. It is not uncommon for the father to be named as primary custodian of the children, particularly if the children are school age.

Skeeters, Bennett and Wilson is available to assist you in demonstrating to the Court the needs of the children and how they can best be met. The attorneys in our office can advise you on the various ways in which it can be demonstrated to the Court that your children would benefit from you being the primary custodial parent.

As one would expect, in the issue of custody of children the law is constantly evolving. The firm's lawyers stay abreast of this ever changing of area of the law in order to assist our clients in this most difficult time.

POST DISSOLUTION MATTERS

It is very common for parties to a divorce to return to court after the dissolution in order to address issues that have arisen because of changes in circumstances. Obviously, we live in an ever changing world. Parents move, children grow up, and other events occur that make it necessary for the parties to revisit the original agreement or Court Order. Issues often addressed after the dissolution include: modification of child support, modification of visitation, modification of custody, and modification of espousal maintenance. Our office is more then able to assist you in this area.

ADOPTIONS

Skeeters, Bennett, Wilson, & Pike has had the privilege of handling numerous adoptions for clients. We are experienced in all of the various aspects of adoption. An adoption involves, in many cases, not only the adoption itself, but also termination of parental rights, guardianship, temporary custody, determination of paternity, placement of a child, and name changes. Our firm handles all types of adoption including private adoption, intrastate adoption, interstate adoption, and international adoption. It is especially important in adoptions to have experienced attorneys that understand the process. Adoptive parents do not want to have to worry about the fact that their adoption may not have been legally sound. At Skeeters, Bennett, Wilson, & Pike our attorneys are very cautious and diligent in trying to make sure that all of the stages of the adoption process are legally sufficient.

VALUATION OF A BUSINESS

In many small businesses, the owners are subject to a buy-sell agreement.  A buy-sell agreement is a contract, signed by all the owners, regulating the sale of ownership interest in the business.  The terms of buy-sell agreements vary, but they most commonly provide that if an owner offers to sell his interest to a third-party, the other owners or the business have the right to purchase the interest offered at a price stated in the agreement.  The agreement therefore functions in theory as an absolute limit upon the price which an owner of a business can receive for selling his or her interest on the open market.  When the owner of a business is divorced, can the divorce court value the business at an amount higher than the price stated in the agreement?  A small majority of States say no, but the majority rule is yes.  The “no” States define the value of the business for purposes of divorce as the fair market value, and accept the premises that the interest cannot have a fair market value higher than the buy-sell agreement price.  The strong majority rule, however, is that the buy-sell agreement price is not legally controlling.  These States either hold that a buy-sell agreement, at most, determines immediate sell value but it does not determine its intrinsic value.  Or these States accept the fair market value standard, but nevertheless reject the argument that the buy-sell agreement is legally controlling.