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Does fault matter in divorce cases? 

On Behalf of | Jan 27, 2023 | Child Custody |

There was once a time when fault was very important to divorce cases, and the court would decide if they were going to grant the divorce or not. But modern divorce laws are much different than they used to be, and Kentucky – along with many other states – uses no-fault divorce laws. If the couple says their marriage has become irrevocably damaged, then they can seek a divorce, and it doesn’t matter who is at fault or what the specific reason for the divorce is.

As such, if you were delaying filing for a divorce because you thought you had to find a distinct reason to ask for one, you no longer have to put it off. Modern laws are arranged to make it far easier to get out of marriages so that people can seek their own personal happiness and well-being. Simply wanting to get a divorce is enough for you to get one.

The details may become important

Even though you don’t have to prove that your spouse was at fault, the details and the reason that you want to leave the marriage may impact some other areas of the divorce case.

A good example is when there’s domestic violence or abuse involved. If you are leaving the marriage because your partner is abusive to you and your children, then the court will take that into account when dividing child custody. The court does not want to put your children into a dangerous living situation. 

So, you do not need to prove fault to get a divorce, but that doesn’t mean the reason is irrelevant. Make sure you know exactly what legal steps to take.