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Frequently Asked Questions
Do you charge for a consultation?
What is an uncontested divorce?

At the Law Office of Chad Bailey, the first consultation is always free.


An uncontested divorce is when both spouses agree as to all issues relating to the divorce.  This includes but is not limited to division of marital property and debts, child custody, child visitation/time-sharing, child support, and spousal maintenance (alimony).  An uncontested divorce is particularly beneficial to parties who do not have children and parties who do not have significant assets and debt.  However, any married couple can obtain an uncontested divorce.


How long does it take to get a divorce?

In Kentucky, the length of time it takes for a divorce to be finalized depends on the parties' circumstances.  To file for divorce in Kentucky, the parties must have lived in Kentucky for 180 days before filing for divorce.  Couples have to be separated for 60 days before a divorce can be finalized.

Couples with minor children generally have to wait at least 60 days after divorce paperwork is filed before a divorce can be finalized by a Court.  Couples with children are also often required to take a parenting class, although this requirement varies from county to county. 

If a divorce is contested (the parties do not agree on matters regarding the divorce), the divorce may not be finalized until all matters are resolved.  In Kentucky, Courts often order parties to attend mediation if they cannot reach an agreement.  If spouses are unable to reach an agreement regarding all matters at a mediation, a final trial will be held and the Court will make the final decision regarding all issues.


What is the difference between a misdemeanor and a felony?

A felony is more serious than a misdemeanor.  A person convicted of a misdemeanor can face up to 12 months in jail, while a person convicted of a felony could face years in prison.  Felonies and misdemeanors are classified into categories. 

A Class D felony is punishable by one to five years in prison.  Although, possession of a controlled substance first degree is a Class D felony, in many cases it is punishable by only one to three years in prison.  Individuals convicted of a Class D felony are also often good candidates for probation.

A Class C Felony is punishable by five to ten years in prison.

A Class B Felony is punishable by ten to 20 years in prison

A Class A Felony is punishable by 20 to 50 years in prison, or life in prison.

Murder is a capital offense, and may be punishable by: the death penalty, life in prison without parole, 25 years to life in prison, or 20 to 50 years in prison.


Is marijuana legal in Kentucky?

No.  The possession and sale of any amount of marijuana is illegal in the state of Kentucky.  Furthermore, although many states have legalized marijuana for medical use, medical marijuana remains illegal in Kentucky.

CBD Oil, however, is legal in Kentucky.  CBD oil is derived from the hemp plant.  Unlike marijuana, CBD oil from hemp does not contain a large amount of THC, which is the main ingredient found in marijuana that gives a person that "high" feeling.  CBD Oil is now available from many retailers in Kentucky.

Child custody is always subject to modification.  A previous custody arrangement may no longer work. Circumstances can change. Generally, parents must wait two years after their most recent custody order was signed by a judge before they can file a motion to modify custody. However, a parent can seek to modify custody if a child's physical, emotional or mental health is in danger.  After the two year period, a Kentucky court can modify child custody if it is in the best interest of the child.

Can child custody be modified after a divorce or after a custody decree has been entered by a Court?
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