When two people decide to dissolve a marriage, the process is rarely a simple endeavor. Even between people who have a decent relationship and solid respect for one another, the process of dividing assets and determining custody issues can easily become contentious. Those considering filing for divorce in Kentucky may be interested in a recent article that discusses some serious implications that may arise in the event that a divorce turns into criminal litigation between two partners.
The article describes a case in which a successful entrepreneur and his wife filed for divorce. One of the main reasons that precipitated the decision to dissolve the marriage was that someone was embezzling significant amounts of money from the man's business. As proceedings progressed, the man's wife requested multiple restraining orders against the man, which were all approved despite the absence of any evidence that he was a threat to the woman or the couple's children. Unfortunately, this is a common negotiating tactic that unscrupulous attorneys may counsel their client's to employ in order to force the hand of the opposing party.
Due to the restraining orders, the man was arrested several times, and eventually was held by authorities for 10 months. During that time, he was not allowed to actively participate in divorce proceedings, and the divorce was finalized in his absence and at great detriment to the man. The state has not been able to produce any evidence that he committed any of the purported violations that led to his incarceration. He has tragically not been able to see his children in four years.
Those in Kentucky considering filing for divorce typically seek the advice of an attorney who is experienced in divorce law and litigation. If things between the two parties become contentious, attorneys in this field will work diligently to ensure that their client's rights are protected. Taking a proactive and carefully-considered approach could be the deciding factor in whether or not divorce proceedings are ultimately settled in an amicable manner.