Welcome to the comprehensive guide on how adultery affects property division in Kentucky. At the Law Office of Stanley E. Robison, Jr, we understand the complexities of divorce and the impact it can have on property distribution. Our experienced legal team is here to provide you with the necessary guidance and support to navigate through this challenging process.
Understanding Property Division Laws in Kentucky
In Kentucky, property division during a divorce is based on the principle of equitable distribution. This means that the court will strive to divide marital property fairly between both parties. However, it's important to note that equitable does not always mean equal. The court takes various factors into consideration when determining the distribution of assets, including adultery.
Adultery and Property Division
Adultery can significantly impact property division proceedings in Kentucky. When one spouse has engaged in extramarital affairs, it affects the court's perception of the marriage and the contributions of each party. Adultery is often considered a breach of marital trust and can lead to various consequences during property division.
It's important to understand that Kentucky is a no-fault divorce state, which means that neither party needs to prove fault or wrongdoing to obtain a divorce. However, the court can consider adultery as a factor when dividing property.
1. Dissipation of Marital Assets
When one spouse spends a significant amount of marital assets on an affair or supporting the affair, it can be considered as dissipation of marital assets. Dissipation refers to the wasting or improper use of marital property for purposes unrelated to the marriage. In such cases, the court may award a larger share of the remaining assets to the innocent spouse.
2. Impact on Equitable Distribution
The court considers various factors when determining the equitable distribution of assets. Adultery can influence the court's decision, as it affects the contributions and financial stability of both parties. If the spouse who committed adultery dissipated or wasted marital assets, it could result in a less favorable distribution for that spouse.
In order to address the impact of adultery on property division, it is important to establish proof of the affair. Evidence can include photographs, videos, emails, text messages, or witness testimonies. It's crucial to consult with an experienced family law attorney to guide you through the process of gathering evidence and presenting it effectively in court.
Consult with the Law Office of Stanley E. Robison, Jr
If you are going through a divorce involving adultery and need legal assistance with property division in Kentucky, the Law Office of Stanley E. Robison, Jr can help. Our skilled legal team has extensive experience in family law matters and can provide you with the support and guidance you need during this challenging time.
With our personalized approach and dedication to achieving favorable outcomes for our clients, we will work closely with you to develop a strategic plan for your case. We understand the emotional and financial impact divorce can have, especially when adultery is involved. Our goal is to protect your rights and advocate for a fair distribution of assets.
Contact the Law Office of Stanley E. Robison, Jr today to schedule a consultation and discuss your property division concerns. We are here to help you navigate through the complexities of divorce and protect your best interests.