DIVORCE & FAMILY LAW

We deal with several types of divorce and family law cases including:

• Contesteed divorce

• Uncontested divorce

• Military divorce

• Child custody and support

• Adoption and guardianship

• Domestic violence

• Marital property division

• Spousal support

Contested Divorce

Contested divorce is where you and your spouse do not agree on how to handle the dissolution of your marriage. You may disagree on who takes certain things you own, how much time each spouse will spend with the child(ren), who makes certain decisions on behalf of the child(ren), how to divide assets / debts, etc. In these cases, one spouse wants more than an equal split which makes the situation such that whatever is gained by one side is lost by the other.

Uncontested Divorce

Uncontested divorce is where you and your spouse agree on how to handle the dissolution of your marriage. You may agree on who takes certain things you own, how much time each spouse will spend with the child(ren), who makes certain decisions on behalf of the child(ren), how to divide assets / debts, etc. In this case, you simply want the peace of mind that comes with hiring a seasoned professional to guide you through the process as easily as possible, answering questions along the way, and making sure you don't overlook important details.

Handle special issues in military divorce

While divorce is difficult for everyone, military couples face challenges others may not have to deal with. This includes:

• Retirement issues

• Survivor benefit plans

• Child custody or visitation during overseas deployment

• Different child support obligations

• Rights granted under the Servicemembers Civil Relief Act

Our attorneys have a deep understanding of these issues and can help you achieve positive results.

Determining child custody and child support

Judges take several factors into consideration for these cases. They typically look at the emotional factors, the desires of the children, your ability to care for your kids, and the lifestyle of each parent. If custody is your desire, we can seek child support after you secure custody. Kentucky divorce laws determine the amount of child support payments by considering the following:

• Number of children

• Special needs of the children

• Childcare expenses

• Healthcare expenses

• Existing support obligations

• Income of each parent

We’re ready to fight for your rights to custody; however, it’s in the best interest of everyone involved for the parents to work out a solution together. If this can’t be done amicably and respectfully, we’re here to represent you.

Our guardianship attorneys help you become a parent

Adoption can be a very intricate process, but our team knows what steps you need to take to get it done completely and efficiently. We help with many types of adoptions:

• Adoption of relatives

• International adoptions

• Domestic adoptions

• Stepchild adoption

• Agency adoptions

• Private placement adoptions

While birth parents automatically become guardians, the court system can remove these rights and grant them to another person should the birth parents pass away. Most often, the people who need guardians are infants, minors, and the disabled. If you’re looking to become a legal guardian, we can help.

Our domestic violence attorneys help you escape the abuse

Whether the abuse is physical, sexual, emotional, mental, economic, or suffered by a child, our team is here to represent you. People who commit violent crimes like these should be punished. At the Law Offices of John Schmidt & Associates, we seek several types of results including restraining orders, child custody, and additional punishment for the abuser such as probation or jail time.

If you’re experiencing violence in the home, you don’t have to go through this alone. We can help you find justice and freedom. Our attorneys are here to be the emotional support you and your children need to move forward with your future.

We analyze your marital assets and divide them fairly

According to the law, any possession or wealth accumulated after saying “I do” belongs to both you and your spouse equally. This can bring about much turmoil during a divorce as you have to consider who takes what — and it’s not always that easy. Usually, ownership disputes involve land, houses, joint credit accounts, cars, cash, and other shared assets.

Our lawyers will analyze your assets to determine what qualifies as marital property, then we’ll work toward creating a fair plan both of you can be happy with. In some cases, a financially irresponsible or immoral spouse may entitle the other to more than half. If you need help with marital property division, contact us today.

Secure your financial future

Spousal support (or alimony) refers to the financial assistance received from your ex-spouse after a divorce. Similar to child support, spousal support is reserved for your own expenses. The amount of spousal support you can receive depends on factors like:

• How long you were married

• The lifestyle maintained during that marriage

• Marital misconduct

• Your income and earning potential

• Your ex-spouse’s income and earning potential

In taking a look at your lifestyle before the divorce and the outlook of your lifestyle after the divorce, our lawyers will figure out how much support you’re eligible to receive.