written by Ashley B. Sexton
Since 1972, Kentucky has been a no-fault divorce state. Well, some may ask how could a divorce happen if no one is to blame? What this really means is that legally, it does not matter why you want out of your marriage. You can think your husband’s feet are unbearably too stinky, and that alone is reason enough to be let out of your marriage, if you so choose.
Another important piece of no fault is that it does not matter if the other party objects or wants to stay married if the other party wants out. The Court will grant a divorce if one party wants out. So, if your husband objects and says his feet are not that smelly, and you should remain his wife even if they are rather smelly, the Court will let you out to live in a home free of the stench of toes. I’ve actually witnessed a spouse object to a divorce at a final hearing. It was a beautiful moment when the Judge told him, “I don’t care. I am letting her out.” (It was a terrible domestically violent marriage, so there was a huge sigh of relief, and a smile, with that ruling.)
Regardless of your political affiliation, there are current discussions and concerns that perhaps states that lean more conservatively could modify their laws to go back to at-fault divorces. Since Kentucky has been no-fault since before I was born, I actually had to do some research on what does that look like to have at-fault?
An at-fault divorce, also known as a fault divorce, is a divorce that occurs when one spouse can prove that the other spouse's actions led to the marriage's failure. The at-fault spouse must provide reasons for the divorce in their petition and then prove those reasons to the court if their spouse disagrees.
Fault grounds for divorce vary by state, but some common examples include:
adultery, cruelty or abuse, abandonment, substance abuse, imprisonment, mental illness, and felony conviction.
In some states, courts may also consider fault when dividing property, awarding alimony, or awarding custody of children.
So why is this a problem?
Well, for one, the Court can say that you haven’t proven your case for a good enough reason to be let out of your marriage, forcing you to stay married to someone who may be absolutely awful (abusive, mean, smelly, you name it.)
At-fault divorces are often more costly and time-consuming than no-fault divorces. However, if one spouse can prove the other is responsible for the divorce, they may gain more from an at-fault divorce. Unfortunately, if one has to prove fault, this is breeding ground for acrimonious co-parenting relationships, meaning you will spend the rest of your children’s adolescence tied up in Court and spending the majority, or totality, of your savings on litigation.
Our best advice? If you are contemplating a divorce, it may be best to make a move before you have to prove a costly case before a total stranger who may or may not let you out.
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