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What is No Fault Divorce?

Kentucky is considered a no fault divorce state.  The basis for no fault divorce is that the Petitioner/Plaintiff does not have to prove any fault of either party in order to be granted a divorce.  In a typical fault based divorce states, like Ohio, the Plaintiff must prove one of the following: abuse, willful absence for over 1 year, habitual drunkenness, adultery, extreme cruelty, gross neglect of duty, already married, incarceration or incompatibility. In Kentucky, the Petitioner must allege only that "the marriage is broken without the possibility of reconciliation."  Another major point in no-fault divorce is that the perceived fault is not to be considered by the courts in (1) whether to grant the divorce; or (2) in how to divide the assets or debts of the parties.  The court simply considers whether assets are marital or non-marital then makes a just division. There are occasions when some the these traditional faults may be considered by the courts.  When determining spousal support and if the fault affects the children, they may be considered in both maintenance (spousal support) and child custody and parenting time.  For example, if habitual drunkenness can be proven, it may affect whether a parent should be in the role of primary caregiver to a small child. Even in no-fault divorce states, a divorcing parties should discuss the reasons for divorce with their attorney.  The attorney can advise if any of the reasons should be introduced in court, and how it may also affect negotiations.  If you have divorce questions in Cincinnati or Northern Kentucky, contact Michael Bouldin for a consultation.  Email Mike at [email protected] or call 581-MIKE, 859-581-6453.

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