Understanding how infidelity affects a divorce

The discovery of infidelity can be a turning point in a marriage, often leading to its dissolution. When it comes to divorce, different states handle the issue of infidelity in different ways.

In the state of Kentucky, the impact of infidelity on a divorce case may not be as pronounced as some might expect.

Infidelity and the grounds for divorce

Kentucky is a “no-fault” divorce state, which means that the parties involved do not have to base their grounds for divorce on any specific wrongdoing by either party. The court does not consider the conduct of either party when granting the divorce. Instead, it only requires that the parties have been living apart for 60 days and agree that the marriage is irretrievably broken.

Property division

Kentucky follows an equitable distribution model when it comes to dividing marital assets during a divorce. This means the court strives to divide assets in a manner that is fair, but not necessarily equal. The court looks at various factors when making this decision, including the length of the marriage, the financial situation of both parties and the contribution of each party to the acquisition of marital property.

While infidelity does not directly influence the division of assets, it might have an indirect impact. For example, if a spouse used marital funds to support an extramarital affair, the court may consider this factor when dividing assets.

Child custody

In child custody decisions, Kentucky courts prioritize the best interests of the child. Generally, the court will not consider infidelity as a factor when deciding child custody unless a spouse can show that the extramarital affair had a direct and negative impact on the child.

While the emotional impact of infidelity is significant, in Kentucky, it has a limited effect on the legal aspects of divorce. However, understanding the role of infidelity in a Kentucky divorce can provide clarity during a challenging time, allowing the parties involved to better navigate the divorce process.