Dodd & Dodd Attorneys, PLLC

Dodd & Dodd Attorneys, PLLC Louisville Kentucky

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How Does Infidelity Matter in a Louisville Divorce

How Does Infidelity Matter in a Louisville Divorce – Affair - Child Custody

How does infidelity matter in a Louisville divorce?  We are often asked if an affair will cause a party to lose more in a divorce or get less time with the children.  What is the impact of cheating on a divorce case?

If you suspect your spouse is cheating or you have been accused of an affair yourself it is a safe bet that your marriage is at risk.  An affair is one of the most common reasons for choosing a divorce in Louisville and across the nation.  Kentucky is a “no fault” state and divorce is based upon “irreconcilable differences.”  You don’t have to prove that the marriage is permanently damaged or that one party or the other is at fault.  The presumption of irreconcilable differences means the court will not consider outside issues such as an affair for many aspects of the case.

Will infidelity matter in a Louisville divorce when it comes to child custody and visitation?  Our Family Courts do not presume adultery in and of itself makes a person unfit to co-parent.  Cheating on a spouse itself is not a reason to lose custody of or time with your children.  In order for an affair to affect custody and visitation the Court would have to be convinced of harm to a child.  Awareness of the affair and attempts or treatment for thoughts of suicide or self-harm are not in a child’s best interest.  In a contentious battle, an assertion might be made that the affair caused the unfaithful spouse to neglect their duties as a parent, citing issues of a child being left alone to care for themselves, lacking appropriate supervision or present evidence when a child wasn’t picked up or forgotten.  Neglect will affect the Court’s perception of a co-parent.

Are there other circumstances which make infidelity matter in a Louisville divorce?  Yes.  Property division is an example of this.  Under Kentucky Family Law, “marital property” is established between the two parties from the date of the marriage to the date of separation.  The debts and assets of the marital are to be divided between the parties during property division.  An affair does not in and of itself justify changing property division under the law.  However, if the process of the affair forced the marital to bear provable additional expenses (such as trips, expensive gifts, hotel costs) the Judge could assign these debts to the unfaithful spouse, or ask for them to be reimbursed.  If the infidelity can be directly associated with a loss of value on a marital asset, such as a business or property, then the Judge will consider provable accountability for financial loss.

Does infidelity matter in a Louisville divorce when it comes to maintenance?  It’s easy to understand how a Judge may consider a request for support from a spouse who was unfaithful to their partner.  Maintenance is supposed to allow both parties to be able to support themselves and maintain some level of their standard of living for a period of time after a divorce.  It is based upon the need for support and the ability of the other to provide support.

How does infidelity matter in a Louisville divorce?  If your divorce is a result of or impacted by infidelity you will need a skilled, experienced attorney.  Our divorce and family law attorneys have decades of experience in Louisville Family Courts. We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.