Frequently, the person who files for divorce may blame the other spouse. The person who files may have a list of reasons why they made that choice. Suspicions of infidelity or frustration with a demanding work schedule can do significant damage to a marital relationship.
Someone responding to a divorce filing may feel a degree of guilt, as they recognize that at least some of the complaints made by a spouse are valid. Additionally, they may feel anxious about their upcoming divorce. If their spouse can convince the courts that they are to blame, they may fear an imbalanced and unfavorable outcome. How much impact does fault have on the outcome of a pending divorce?
No-fault divorce is currently the only option
Some states allow for divorce based on specific grounds, such as domestic violence or adultery. People can divorce and ask the courts to assign blame to their spouses. However, Kentucky is not one of those states. The only justification for a divorce filing is an irretrievable breakdown of the marital relationship.
The spouse filing for divorce asserts that the marriage has passed the point of no return and that it is no longer sustainable. They do not have to prove any sort of misconduct to obtain a divorce. Even if they have proof, fault does not influence how the courts rule in most cases.
Custody, support and property division matters all depend on marital circumstances rather than fault. Equitable distribution rules mean that judges should fairly divide property, typically without considering misconduct during the marriage.
In child custody matters, the most important consideration is what is likely best for the children. Most of the time, judges try to give both parents plenty of time with the children and a degree of authority. Financial support depends on need, the ability to pay and the standard of living maintained during the marriage.
Fault only factors into such determinations in rare cases. When there has been provable financial misconduct, such as spending money on an affair, a judge can consider the amount of money wasted when making property division decisions. In scenarios where the allegations leading to divorce involve domestic violence or substance abuse, evidence substantiating those claims could influence how a judge divides parental rights and responsibilities.
For the most part, fault has minimal impact on the outcome of a pending divorce. People who understand state divorce statutes may feel less anxious as they prepare for negotiations or a hearing in family court.