Divorce can be a challenging process for many couples. When one partner has committed adultery, it can complicate matters even more. In Kentucky, the impact of adultery on a divorce can vary.
It is important to understand how the law views this situation and what it could mean for those involved.
Adultery as a cause for divorce
Kentucky is a no-fault divorce state. This means that couples do not need to prove wrongdoing, such as adultery, to get a divorce. Instead, they can simply state that the marriage is irretrievably broken. However, this does not mean that adultery is completely irrelevant. It can still play a role in certain aspects of the divorce proceedings.
Division of marital property
Adultery might affect a divorce in the division of marital property. The court may consider adultery as a factor when deciding what is fair. For instance, if one spouse’s infidelity has caused financial harm to the other, the court might award a larger share of the property to the wronged spouse.
Spousal support
Adultery can also influence spousal support, also known as alimony. Although courts do not typically use adultery as a primary reason for granting alimony, it is still considered. If the adultery has had a significant impact on the spouse’s financial situation, it might affect the amount or duration of spousal support.
Child custody
Another area where adultery might have an effect is child custody. The primary concern in custody decisions is the best interest of the child. While adultery alone is not usually enough to determine custody, it is taken into account if it impacts the child’s well-being. For example, if the adulterous relationship has exposed the child to harmful situations, it could influence the court’s decision.
While Kentucky’s laws do not require proof of adultery to end a marriage, infidelity can still affect the outcome of divorce proceedings. Understanding how these factors can play a role is important for anyone going through a divorce in Kentucky.