FAMILY LAW

FAMILY LAW marriage Same sex (equal protection issues) “Civil unions” statutes provide someFamily Law similar rights Consequences of marriage Cohabitation does not create same rights Dower and curtesy Dower is property rights of spouse by reason of marriage. Historically, wives had dower rights and husbands had curtesy rights Today, both spouses’ rights are the same and both called dower Getting married Solemnized (license plus vows before minister/official and witnesses Prenuptial/Antenuptial agreements Control property rights during marriage Control rights in event of divorce Control rights in event of death Anti-heart balm statutes Prohibits lawsuits for breach of promise of marriage; alienation of affection; seduction of a person of legal age. Annulment of Void and Voidable marriages (check statute to see which is which) Lacked capacity (age, competance, intoxication) More reasons to void marriage Too closely related Divorce No-fault divorce – irretrievable breakdown Marital and non-marital property Marital property is acquired during marriage unless non-marital Alimony/maintenance long-term marriage? Life-style?

Spouse able to work? Temporary to go to school? Custody/Visitation “joint” custody now the norm (equal say in major decisions) Joint does not mean equal time Most counties have standard visitation schedules More Custody issues… Unwed fathers Gay and lesbian partners? Grandparents? Stepparents KRS 405.021 – grandparent visitation rights KRS 403.270 de facto custodian – Or non-parent who also proves natural parent unfit or waived rights Parenting classes Many counties have mandatory parenting classes for divorcing parents In Fayette County, classes for the children, too Child support Child support schedules based on income and other factors Wage assignments Paternity…….Adoption Paternity tests- DNA Emancipated minors Someone under legal age but released from parental authority and given legal rights of an adult DVO/EPO Addresses many of the same issues as divorce Can be important first step prior to divorce as it establishes temporary orders