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Does fault matter in Kentucky divorce?

| Apr 14, 2021 | Divorce |

When a marriage gets to the point of divorce, there are many situations where spouses want to blame each other for the marriage not working out. In these situations, there is often much hurt on both sides of the equation.

In some states, determining who wronged the other first can be an essential part of the process. In other situations, blame is only a small part of the divorce equation.

Here’s what you should know about the role of blame in a Kentucky divorce.

Fault is not essential

Kentucky is considered a no-fault state when it comes to divorce. You and your spouse do not need to agree on the divorce or why you want one, including cases such as:

  • Cheating
  • Abuse
  • Desertion

Here, fault is not a question you need to answer. You simply need to declare that your marriage is “irretrievably broken.” Even if one spouse wants a divorce and the other does not, the divorcing spouse can still complete the divorce process without the other’s permission.

Does fault ever matter in Kentucky?

The only time fault enters into the equation in Kentucky is during asset division or child custody. In some cases, courts will award more of the marital assets to the wronged spouse or when considering where the children will live.

Ultimately, fault tends to be challenging to prove and becomes a question of what one spouse says about the other. Typically, even in child custody and asset division situations, courts often will not include fault in determining who gets certain assets.

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