Lexington Divorce Attorney

Lisa L. Johnson, Attorney at Law, is the Kentucky divorce law office to contact for sound advice and solid support when your marriage is ending.

Lisa L. Johnson brings over 35 years of experience to representing your rights when an uncontested, contested or high-asset divorce is your goal. As someone who works closely with you throughout the legal process, she brings total personal and professional commitment to your unique legal needs and an equal dedication to the best interests of your child.

To learn about your divorce options, contact the Kentucky law office of Lisa L. Johnson, Attorney at Law, at 859-554-4691. You can discuss your case in a comprehensive and discreet consultation with our lawyer.

Practical Divorce Solutions: Comprehensive Family Law Services

Divorce and separation are among the most challenging transitions a person can face. Attorney Johnson provides the strategic advocacy and compassionate, one-on-one service needed to protect your interests and your children’s future.

Whether your situation is amicable or highly complex, we provide clarity across all areas of Kentucky family law:

• Uncontested divorce: Streamlining the process when both parties agree on all terms, ensuring a swift and efficient resolution
• Property division: Handling complex assets, including retirement accounts, business interests and real estate
• Child custody and parenting time: Prioritizing stable environments and fair schedules for your children
• Financial support: Calculating equitable child support and alimony to ensure your future financial security
• Paternity cases: Resolving sensitive legal parentage issues with absolute discretion
• Prenuptial agreements: Drafting and reviewing agreements to protect premarital investments and significant family assets
• Modifications: Updating court orders when life changes – such as a job loss or relocation – require a legal adjustment
• Contested and high-asset divorce: We focus on resolving disputes through high-level negotiation. Roughly 90% of lawyer Lisa L. Johnson’s contested and high-asset divorce matters are mediated successfully, sparing loved ones the time-consuming, expensive, public nature of a contentious courtroom dispute.

From her Fayette County office, attorney Johnson provides professional and discreet legal support, even in high-stakes cases involving forensic discovery to find hidden assets or complex business valuations.

Understanding Kentucky Legal Separation

For some couples, ending a marriage completely is not the immediate right step. Attorney Johnson can also assist those considering a legal separation instead of a full divorce. A legal separation allows couples to live apart and resolve key issues while remaining legally married. Some individuals choose this option for legal or financial benefits, such as tax advantages or health insurance, or for religious reasons. It can also allow for the accrual of other benefits that require a longer marriage duration.

A legal separation formally outlines which debts remain joint and which become individual responsibilities. In Kentucky, a legal separation is established under K.R.S. § 403.150. While you remain married, a legal separation is similar to a divorce in that it can address:

• Division of marital property and debts
• Child custody and parenting time
• Child support
• Spousal support

These terms can be decided by the couple or, if an agreement cannot be reached, by the court. If you are legally separated and later reconcile, either spouse can ask the court to cancel the separation order. If you later decide to divorce, Kentucky law requires you to wait one year from the date the legal separation was granted before the separation can be converted into a full divorce.

How The Process Works

In a legal separation in Kentucky, the couple is encouraged to negotiate their own terms regarding the division of marital property, debts and living arrangements. If you and your spouse agree on how to split assets and debts, the court will generally respect that agreement.

Even if both parents agree on a custody plan, the court maintains the authority to review it. The judge must ensure the arrangement serves the child’s physical and emotional well-being. Beyond custody, an attorney ensures that your separation agreement is technically sound and enforceable. Without professional guidance, you may unintentionally waive rights to retirement benefits or take on unfair debt. Attorney Johnson helps you with these negotiations to ensure the final decree protects your long-term autonomy.

Frequently Asked Questions

When considering divorce or separation, information is your most valuable asset. When you understand the legal landscape, you can make decisions based on logic and long-term goals rather than fear or uncertainty. Here are answers to some common questions.

Is Kentucky a “no-fault” or “at-fault” state?

Kentucky is a no-fault state. You do not need to prove “grounds” like adultery or cruelty. To obtain a divorce, one spouse simply needs to testify that the marriage is “irretrievably broken” with no hope of fixing it.

How long must we be separated before filing for divorce?

You must be separated for at least 60 days before a divorce can be finalized. In Kentucky, you can be “legally separated” while living under the same roof, provided you are not sharing a bed or having sexual relations and you intend to end the marital relationship.

What are the differences between divorce and legal separation in Kentucky?

A divorce permanently ends a marriage, while legal separation keeps the marriage, but the spouses live separately. Divorce and legal separation address the division of marital property and debts, as well as spousal maintenance, child custody, support and parenting time.

Some of the key differences include:

• After a divorce, either spouse may remarry, but in a legal separation, spouses cannot remarry.
• Some health insurance and employment benefits end after divorce, whereas during legal separation, a spouse can remain eligible.

Under Kentucky law, you can convert a legal separation into a divorce at least one year after a decree of legal separation.

How do Kentucky courts determine child support?

Kentucky uses the income shares model to calculate child support. Under this model, children should receive the same share of their parents’ income as they would if their parents lived together. First, the court determines each parent’s gross monthly income, including:

• Salary and wages
• Overtime pay, bonuses and commissions
• Self-employment income
• Retirement or pension benefits
• Workers’ compensation benefits
• Investment and dividend income

Afterward, both parents’ gross incomes are combined, and each parent is assigned a percentage of the total support obligation based on their share. You can find more FAQs on the Kentucky website and use the Kentucky Child Support Estimator to estimate support obligations.

How do Kentucky courts determine which parent gets custody of the children?

Under Kentucky law, custody decisions are based on the best interests of the child. The court begins with a presumption that joint custody and equal parenting time are generally in a child’s best interests. However, that presumption may not be followed if circumstances push for a different arrangement.

In custody law, legal custody refers to a parent’s authority to make major decisions for a child such as educational decisions. On the other hand, physical custody concerns where the child lives and how time is divided between the parents.

When determining custody, Kentucky courts may consider factors such as:

• The child’s relationship with each parent
• The child’s adjustment to home, school and community
• The physical and mental health of the parents
• Each parent’s ability to cooperate and support the child’s relationship with the other parent
• Any history of domestic violence or abuse

Kentucky courts generally encourage mediation in child custody matters, provided the arrangement serves the child’s best interests. As such, families can create a mediated co-parenting plan to establish schedules and responsibilities.

What factors do Kentucky courts consider when calculating alimony?

Kentucky courts consider factors such as:

• One spouse lacks sufficient resources to meet their reasonable needs
• The length of the marriage
• Each spouse’s income and earning capacity
• The standard of living established during the marriage
• The age and health of both spouses
• The time necessary for a spouse to become self-supporting
• The ability of the paying spouse to meet their own needs while providing support

The purpose of spousal maintenance is not to punish the paying spouse but to ensure that both spouses can reasonably provide for their needs.

How long does the divorce process take, and how much money will it cost me?

Every divorce is different, and that may affect the duration and the costs. Kentucky law requires a mandatory 60-day waiting period before a divorce can be finalized. However, the overall timeline may depend on issues such as:

• Whether the divorce is contested or uncontested
• The complexity of assets and debts
• Whether there are child custody or parenting time disputes

When spouses work together with a lawyer as a mediator to reach agreements, they often save time and money compared to litigation.

How does the court determine how assets are divided in a divorce in Kentucky?

Kentucky follows the equitable distribution when dividing marital property. Under this rule, the court seeks a fair division, though not necessarily a 50/50 split. Judges consider factors such as:

• The length of the marriage
• Each spouse’s income and future earning potential
• Financial contributions made during the marriage
• Non-financial contributions, including homemaking
• Living standards established during the marriage

A complex property division often occurs when a couple owns substantial assets such as closely held businesses or retirement accounts. A knowledgeable divorce attorney can ensure your interests are protected.

Call A Compassionate Ally For Your Divorce Process

All clients, regardless of need, receive attentive personal service and prompt recommendations when a question or crisis arises.

Learn more about how Lisa L. Johnson can guide you and your children into the future after a divorce. Call or email our Lexington law office to arrange an informative, confidential initial consultation. Our number is 859-554-4691.