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Hoge Partners, PLLC

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Kentucky Home Life Building
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Louisville, Kentucky 40202

Fax:  (502) 583-1223
Phone:  (502) 583-2005

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Divorce, in general terms

Divorce is a fact of life in today's society.  Having a seasoned divorce lawyer can make the process much less difficult.  The attorneys of Hoge Partners, PLLC bring unique skill sets to the table in the divorce process.  Let them help you protect your interests while guiding you to the best possible resolution. 

In Kentucky, a marriage is a three-way contract between the husband, the wife and the Commonwealth.  This is why the State must be involved in the break-up of a marriage.

Further, the Commonwealth of Kentucky is a "no fault" state, which means that our laws dictate that either party can seek a divorce or dissolution of the marriage and the court assesses no "blame" for the failure of the marriage.

Because "fault" is not a factor in dissolving most marriages, the key issues usually come down to:

  • Care, custody and support of the minor children
  • Restoration of non-marital property (things owned before the marriage, inherited by one of the parties or that were a specific gift to one of the parties
  • Division of marital assets (bank accounts, investments, retirement and pension funds, real estate, vehicles, business interests, personal property, etc.)
  • Assignment of responsibility for the payment of debt 
  • Maintenance of the disadvantaged spouse (if any) -- This used to be called "alimony"; now it is sometimes referred to as "spousal support"
  • Kentucky has a confusing and important exception to the general concept of "no fault" in dissolution. If you are seeking maintenance, your fault (i.e., adultery, drunkenness or other egregious misconduct) may well be used against you. Only the fault of the party seeking maintenance will be considered. The fault of the party against whom maintenance is sought, on the other hand, will generally not be considered
  • Unique circumstances including parties who are over 50 or children with special needs

Other important factors in divorce law are discussed on the webpages linked below: