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Infidelity and No-Fault Divorce

Jefferson County, and the rest of Kentucky, has a system of no-fault divorce.  This means that either party can file for a dissolution of marriage, regardless of the issues or factors. The current system allows for divorce to be for any reason, or no reason at all. While this makes the process relatively easy, the emotional impact is still very real and painful.

Hollywood movies such as Kramer vs. Kramer and War of the Roses portrayed characters involved in highly emotional and sometimes devastating divorce litigation.

When infidelity is involved, the “faithful” spouse may look at divorce as a way to get back at the offending spouse.  However, as they quickly learn, without a prenuptial agreement specifically addressing the terms, infidelity and no-fault divorce really are the same as a couple who simply decides to part ways.  Adultery has no specific bearing on the outcome of the child-support, child custody, maintenance, property division or other issues.  Regardless of why the divorce is being pursued, the actual reason doesn’t matter in a no-fault system.

As an experienced Louisville divorce attorney, I’ll often advise clients that the way to heal is to look forward, not backward.

Divorce is a process, not a tool.  It would be more productive (and effective) to consider a therapist, exploring a hobby, finding new surroundings or even a new job as a way to help you to focus on moving forward.  The emotional toll of a divorce is significant.  When the pain of adultery is present, seeking a divorce isn’t the cathartic cure many initially assume it will be for them.

If the marriage is irretrievable, divorce is only the process to dissolve it.  Those raw emotions may still be present.  Finding healthy ways to deal with urges to seek revenge for the betrayal can’t be pursued as part of the family law system.  Infidelity and no-fault divorce have only a cause and effect relationship.  It would be the same if one spouse wakes up and suddenly decides they don’t like the other spouse’s haircut.  Both reasons are valid and equal in the eyes of the law because Kentucky has a no-fault system.  Regardless of your personal or religious views, either spouse only has to file for a divorce for the process to begin.  The court doesn’t consider the reason(s) why.