| NuaShaol |
| (New) |
| 01/24/08 05:43 PM |
| 74.129.189.170 |
Multiple Questions...Looking for Info!
|
Hi...I am new here and although there is a lot of good information I haven't been able to find answers to some of my questions. Some background: My stbx (who lives in Ohio currently but plans to move to KY) and I (who moved to KY 6 months ago and now meet residency requirements) will be filing for divorce/dissolution soon and are trying to decide which state to file in as we can file in either OH or KY. I moved out of the family home 6 months ago, our 2 children are with me. He has paid support per what we have agreed on regularly and on time and we agree on all aspects pertaining to ending the marriage (which has lasted over 16 years.) Here are my questions:
1. My stbx asked for the divorce - would it be in my best interest to be the petitioner or respondent?
2. Our preference is to do this without attorneys. We can agree on all matters and plan to have a separation agreement drawn up. What are the chances that a judge won't accept our agreement if it does not look "fair" to them? Or, with an uncontested agreement, is it automatically accepted and incorporated to the final decree?
3. Does Kentucky require the following: Parenting Plan, and divorce/parenting education, or anything else particular to Kentucky.
4. It's been agreed that I should have sole custody with him having visitation. In this regard...can a visitation agreement state "reasonable and seasonable with any conflicts being decided by sole custodian", or does it have to have a specific schedule? (With our work schedules, it is hard to have a specific visitation schedule). Also, can there be anything that states that he agrees to not prevent me from moving out of state in the future provided I give him notice. He agrees to this but I would like to have it "in writing" as they say.
5. Instead of having to do a motion to modify CS in the future, can there be a provision that says after x number of years, CS will increase by x number percent or something to that effect?
6. We have considered using an online service...however, I have had difficulty finding one that allows for things like retirement division, how claiming dependents on taxes will be handled other than either one parent always having the claim or alternating years, and the addition of anything that is otherwise maybe not as common as the run-of-the-mill agreements. Does anyone have any recommendations on services?
I know this is really, really long but I figured it was better to just post one long one instead of several little ones. If I'm wrong, please let me know. I just want to make sure I have my ducks-in-a-row and my head together before any filing gets done! Thank you in advance for any advice or info you have to share!!
| theanswerguy |
| (Platinum) |
| 01/25/08 01:44 AM |
| 205.188.117.143 |
|
Re: Multiple Questions...Looking for Info!
|
1. My stbx asked for the divorce - would it be in my best interest to be the petitioner or respondent?
>>>>>>>> It doesn't matter .
2. Our preference is to do this without attorneys. We can agree on all matters and plan to have a separation agreement drawn up. What are the chances that a judge won't accept our agreement if it does not look "fair" to them? Or, with an uncontested agreement, is it automatically accepted and incorporated to the final decree?
>>>>>>>>>> An agreement will be accepted unless a judge were to find it " unconscionable " , in other words , that the agreement so favored one party that legally it should not be allowed .
3. Does Kentucky require the following: Parenting Plan, and divorce/parenting education, or anything else particular to Kentucky.
>>>>>>> All divorces involving children should include a parenting plan . Any coparenting classes are usually ordered when there is conflict between the parents , not when they agree .
4. It's been agreed that I should have sole custody with him having visitation. In this regard...can a visitation agreement state "reasonable and seasonable with any conflicts being decided by sole custodian", or does it have to have a specific schedule? (With our work schedules, it is hard to have a specific visitation schedule).
>>>>>>>>>>> Language using reasonable visitation as agreed by the parties is allowable . I wouldn't tell any NCP to accept those terms .
Also, can there be anything that states that he agrees to not prevent me from moving out of state in the future provided I give him notice.
>>>>>>>>> Iffy . You usually can't agree to future events , circumstances change . You can stipulate that you have the exclusive right to determine the child(ren)'s residence , in or out of state , but I'm not sure it would be enforceable . Again , no NCP should accept this .
5. Instead of having to do a motion to modify CS in the future, can there be a provision that says after x number of years, CS will increase by x number percent or something to that effect?
>>>>>>>>>>> Yes , you are free to make any arrangement you like as to CS . No matter what language you use , either parent can request a modification and have the support configured to state guidelines .
6. We have considered using an online service...however, I have had difficulty finding one that allows for things like retirement division, how claiming dependents on taxes will be handled other than either one parent always having the claim or alternating years, and the addition of anything that is otherwise maybe not as common as the run-of-the-mill agreements. Does anyone have any recommendations on services?
>>>>>>>>>>>> Yes .