Our practice is dedicated to helping families resolve disputes when solutions cannot be found in the home. No matter the issue facing you, we will provide you with legal knowledge, compassion, and personal attention to help you restore order to your family. We regularly assist clients with all types of family law matters, such as:
Knowing that ending a marriage is never easy, we will offer you a courteous and respectful environment in which you can make informed choices and plan for the next chapter in your life.
Adopting a child is an exciting and fulfilling experience, but there are many details to sort through. We are here to assist with preparing the necessary paperwork, represent you at the adoption hearing, and help you form a new parent-child relationship.
While child support can become a contentious issue, Kentucky relies on a formula that considers each parent’s income, the number of children, and custody arrangements. We work with clients to establish, modify, and enforce child support orders.
Our family law attorney understands that nothing is more important to you than your children and will work closely with you to protect your parental rights.
These agreements are not just for the rich and famous and are essential for protecting your property rights in the event of a marital breakup.
Families in Central Kentucky often face difficult challenges. From navigating divorce to agreeing on child custody, child support, and other domestic disputes, it takes an experienced family law attorney to help keep the peace.
At Berkley Oliver PLLC, our family law practice is dedicated to helping families resolve their most personal and pressing challenges. When you consult with us, we will take the time to get to know you and your family and find solutions that are best for all concerned.
We believe that most family disputes can and should be resolved amicably out of court, but we are always ready to litigate to achieve a positive outcome. Rest assured, your interests will be protected in and out of the courtroom. Contact our Shelbyville office today to arrange a consultation.
Types of Family Law Cases Our Shelby County Firm Handles
Our attorneys are committed to helping families navigate difficult transitions. We regularly handle the following family law matters:
Kentucky is a no-fault state for purposes of divorce, which means neither party is required to show that the other committed wrongdoing, such as adultery. The court only needs to find that the marriage is irretrievably broken to grant a divorce.
There are two types of divorce – uncontested and contested. As the name implies, in an uncontested divorce, the parties agree on the key issues, such as dividing the marital property, alimony, child custody, and child support. The parties are able to quickly reach a settlement agreement, which requires court approval.
By contrast, a contested divorce is one in which the parties disagree about one or more of the central issues and court intervention may become necessary. At the same time, a contested divorce can be resolved without a lengthy legal battle as long as you have skilled legal representation.
No matter your situation, you can depend on our capable divorce attorneys to find solutions that help you move on to the next chapter of your life.
Division of Marital Property in Family Law
Kentucky courts follow the rules of equitable distribution when dividing marital assets. This means that the marital property must be divided in a way that is fair, but not necessarily equal 50/50 split. Non-marital or separate property is not subject to division, however, such as:
- Property acquired before the marriage
- Property acquired during the marriage by inheritance or gift from a third-party
- Property identified as separate property under a prenuptial agreement
While this sounds straightforward, dividing marital property can become complicated if any of the separate property is commingled, such as funds in a joint bank account that are used to acquire property, or if either party attempts to conceal or transfer assets. Our family law attorneys are well-versed in the rules of equitable division and will work to protect your property rights.
Alimony in Shelby County Family Law
Alimony in Kentucky is referred to as spousal maintenance and there are three types of maintenance:
- Temporary Maintenance is awarded to the receiving spouse to cover the time period before the divorce is settled.
- Rehabilitative Maintenance is a form of post-divorce maintenance intended to assist the receiving spouse with obtaining training or education to secure employment.
- Permanent Maintenance is generally awarded in long-term marriages when there is a significant income disparity between the spouses.
Whether you are the paying or receiving party, it takes an experienced family law attorney to protect your interests.
Today, the courts recognize that mothers and fathers have equal parental rights and that children benefit from having a relationship with both parents unless there is evidence of child abuse or substance abuse. For this reason, the courts typically award joint legal and physical custody to both parents.
Nonetheless, working out the details of co-parenting can be challenging. Which parent will continue residing in the family home? How will parenting time and visitation rights be determined? Our family law attorneys will work with you to reach custody determinations that are in the best interests of your children.
Child support is calculated according to the Kentucky Child Support Guidelines, which consider each parent’s income, the number of children, the custody agreement, and other factors. Generally, the higher-earning parent will pay child support to the lower-earning parent. The court will deviate from those guidelines if:
- The parents combined gross monthly income exceeds the highest level in the child support guidelines
- The parents share equal time with the child
At Berkley Oliver, we regularly help clients establish, modify, and enforce child support orders.
Prenuptial/Post-Marital Agreements in Shelby County
Regardless of your financial circumstances, prenuptial and postmarital agreements can help to protect your property rights if your marriage ends in divorce.
If you are planning to adopt a child, our legal team will guide you through all phases of the process from preparing the necessary paperwork to representing you at the adoption hearing.
Contact Our Experienced Shelby County Family Law Attorney Today!
Regardless of the issue facing your family, Berkley Oliver can help. Founding members Josh Berkley and Amy Oliver hail from Kentucky and understand the unique needs and concerns of families in our community. You can trust us to provide you with compassion, knowledge, and dependable service and help you make informed decisions for your family and your future. Contact us today to get started.
Berkley Oliver PLLC represents families in Shelbyville and Shelby, Spencer, Anderson, Franklin, and Jefferson Counties.