The concept of electronic visitation is but one sign that every aspect of modern life is becoming high-tech. Electronic visitation, in ts broadest sense, involves any communication by electronic means, including email, text and instant messaging and video conferencing. Advocates are quick to emphasize that so-called virtual visitation is not intended to replace actual in-person visits between parent and child. However, several states are considering laws that would incorporate electronic visitation into parenting agreements in cases involving custody or visitation. Similarly, some states are requiring that restrictions on in-person visitation, including supervision requirements, also apply to electronic visitation. As communications technology progresses, the distance between parents and children will continue to shrink. Hopefully, this will help mitigate the alienation of parents and children in divorcing families.

In Kentucky a spouse can get a divorce without proving any specific conduct by the other spouse. This is termed no-fault divorce. An artifact of the 1917 Russian revolution, no-fault divorce sets basic requirements for dissolving a marriage. In Kentucky, so long as the couple lives ’separately’ for a requisite amount of time, a spouse can ask for a divorce by simply stating that the marriage is irretrievably broken. This is a crushing fact to many spouses who are surprised to find themselves at the receiving end of a divorce petition.

The relative ease with which a divorce can be obtained is unfathomable to some. Ultimately, spouses who believe that they can stop a divorce put themselves at a tremendous disadvantage in divorce proceedings. Quite simply, you cannot keep your spouse from divorcing you. It is certainly possible to drag out the process -costing everyone time, money and causing much greater emotional damage. But the divorce will eventually occur. I do not mean to downplay a spouse’s attempts to save their marriage. But it is important to realize that if reconciliation attempts fail, a divorce will be granted to the petitioning spouse.

I have watched far too many people get taken advantage of while they struggle to come to terms with this brutal fact. Spouses are often tricked into leaving the marital residence under the pretense of giving each other space, only to be served with divorce papers after moving out. The adage “hope for the best, prepare for the worst” seems quite appropriate. While it is crucial to fight for your relationship, it is equally important to protect yourself and your legal rights.

Barrow & Weigel is proud to announce our new Blog. We understand that family law cases are among the most stressfull occurrences in our clients’ lives. With this blog, we will strive to provide helpful information for understanding and coping with the frustrating world of divorce and custody disputes.