Family Law Attorney in Louisville, Kentucky
Family matters are personal. Your lawyer should treat them that way.
Divorce. Custody. Child support. These are not just legal problems – they are some of the hardest things people go through. The outcome of a family law case shapes people’s lives for years, sometimes permanently.
At Batey Brophy & O’Dea, Katie Brophy focuses on family law. She has been doing this work in Jefferson County courts for nearly 50 years. She has tried contested divorces, negotiated custody agreements, and helped families through situations that seemed impossible. She is not looking for easy cases.
If you are going through something difficult and you need a lawyer who knows this court and will fight for you, we want to hear from you.
(502) 509-9407
What We Handle
Family law covers a wide range of situations. At BBo, the family law matters we handle most include:
Divorce
Kentucky is a no-fault divorce state, which means neither party has to prove wrongdoing to get a divorce. But no-fault does not mean simple. A divorce involves dividing marital property, determining spousal maintenance (alimony), addressing debts, and – when children are involved – making custody and support arrangements that will structure everyone’s lives going forward.
Whether your divorce is contested or uncontested, the details matter. An agreement that seems fair today can create real problems in two years if it was not drafted carefully.
→ If you and your spouse already agree on the terms: Uncontested Divorce in Louisville
Child Custody and Visitation
When parents separate, custody and visitation arrangements become the center of everything. In Kentucky, courts focus on the best interests of the child. That standard sounds simple, but it rarely is when two parents see it differently.
Custody arrangements address:
- Legal custody – who makes decisions about education, healthcare, religion, and major life choices
- Physical custody – where the child lives and the day-to-day parenting schedule
- Visitation – if one parent has primary physical custody, the schedule for the other parent
- Relocation – what happens if one parent needs to move
If you and the other parent can agree, we can help you document that agreement in a way that protects everyone. If you cannot agree, we represent you in court.
Child Support
Kentucky uses the Income Shares Model to calculate child support – a formula based on both parents’ incomes and the parenting time arrangement. The formula is not optional; courts can deviate from it only in limited circumstances.
Getting child support right from the start matters. Modifying it later requires showing a change in circumstances. We make sure the initial order accurately reflects the full picture – income, parenting time, childcare costs, health insurance, extraordinary expenses.
Modification of Existing Orders
Life changes. A custody order from five years ago may not fit where everyone is now. A child support order may no longer reflect both parents’ actual incomes. A visitation schedule may need to change because of a new job, a remarriage, or a child’s changing needs.
Modifying a court order requires showing that there has been a material change in circumstances since the order was entered. We handle modifications for clients whose situations have genuinely changed.
Domestic Violence and Protective Orders
If you are in a dangerous situation, your safety comes first. Kentucky law provides for domestic violence orders (DVOs) and emergency protective orders (EPOs) that can remove an abuser from the home, restrict contact, and protect you and your children.
We handle DVO petitions and represent clients in DVO hearings. If you are in an immediate emergency, call 911. If you need help navigating the legal process to get a protective order, call us.
Katie handles DVO and EPO matters.
Why the Details Matter in Family Law
Family law cases have a reputation for being emotionally difficult. They are. But they are also legally technical in ways that catch people off guard.
A few things that matter more than people realize:
Deadlines and timelines are real. Kentucky requires a 60-day separation period before a divorce can be finalized. Some waiting periods apply to custody modifications. Missing a court deadline does not get you a do-over.
How you behave during the case matters. Social media posts, text messages, emails – courts see them. Your conduct during a custody dispute can affect the outcome. Your lawyer should tell you this before it becomes a problem.
Agreements need to be enforceable. An agreement between two people is a starting point. A court-approved order is what you can actually enforce if the other party stops following it. The language in a settlement agreement matters enormously.
Parenting plans need to cover the hard questions. What happens on holidays? What if one parent wants to take the children out of state? What if a parent misses a scheduled time? How are medical decisions made? A good parenting plan answers these questions before they become arguments.
Jefferson County Family Court
Most family law matters in Louisville are handled in Jefferson County Family Court. This is a specialized court that handles only domestic matters – divorce, custody, support, adoption, juvenile cases.
Katie has been practicing in Jefferson County courts for decades. She knows the judges, the procedures, and what this court expects. That is not a small thing.
Frequently Asked Questions
How does divorce work in Kentucky?
Kentucky is a no-fault divorce state, which means you do not have to prove fault – abandonment, adultery, cruelty – to get a divorce. You simply need to establish that the marriage is “irretrievably broken” and that you have been separated for at least 60 days. The divorce process involves resolving property division, debts, spousal maintenance (if applicable), and – if you have children – custody and support.
How does Kentucky divide property in a divorce?
Kentucky divides marital property “equitably” – which means fairly, not necessarily equally. Marital property includes most assets acquired during the marriage. Separate property – things you owned before the marriage, or received as a gift or inheritance during the marriage – is generally not divided. What counts as marital vs. separate is often contested.
How does child custody work in Kentucky?
Kentucky courts focus on the “best interests of the child.” The law creates a presumption in favor of joint custody and maximum contact with both parents, unless there is a reason (domestic violence, substance abuse, abandonment) to limit a parent’s involvement. The specifics – legal custody, physical custody, the parenting schedule – are determined case by case.
How is child support calculated in Kentucky?
Kentucky uses the Income Shares Model. The amount depends on both parents’ gross incomes, the number of children, the amount of parenting time each parent has, childcare costs, and health insurance costs. Courts can deviate from the formula in unusual circumstances, but the formula is the starting point.
Can a custody order be changed after it is entered?
Yes, but you need to show a material change in circumstances since the last order was entered. The change needs to be significant – a major relocation, a change in a parent’s work schedule, a change in the child’s needs, or concerns about a child’s safety. Disagreements about parenting style, or one parent’s general preference for a different arrangement, are generally not enough on their own.
How long does a divorce take in Kentucky?
At minimum, 60 days from when the divorce petition is filed – that is the required separation period. Uncontested divorces, where both parties agree on everything, can be completed relatively quickly after that. Contested divorces, with disputes over property, children, or support, can take much longer – sometimes a year or more, depending on what is in dispute and how the case proceeds.
Do I need a lawyer for a divorce?
You are not required to have one. But the risk of going without a lawyer is real: the paperwork is technical, courts do not fix mistakes after the fact, and the agreements you sign are enforceable against you. For uncontested divorces especially, a lawyer is a relatively modest cost to make sure everything is done correctly the first time.
What is a domestic violence order (DVO)?
A domestic violence order is a court order that restricts an abusive person’s contact with you and potentially removes them from your home. In Kentucky, you can file for an emergency protective order (EPO) through the court clerk’s office, even outside of regular business hours. An EPO is temporary; a DVO is entered after a court hearing. If you are in a dangerous situation, please contact us or the Kentucky Domestic Violence Association for help.
Talk to Us
Family law cases do not resolve themselves. The sooner you have good legal advice, the better your options are.
Call us today. We will tell you where you stand, what the process looks like, and what we can do to help.
Batey Brophy & O’Dea, PLLC 161 St. Matthews Ave., Suite 16 Saint Matthews, KY 40207 (502) 509-9407
This is an advertisement. The attorneys at Batey Brophy & O’Dea are licensed to practice law in the Commonwealth of Kentucky. The information on this page is for general informational purposes and does not constitute legal advice. Contacting this firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
Talk to a Lawyer
Call us at 502-509-9407 or contact us online. Free consultations are available for personal injury and Social Security disability cases.