Filing for divorce is a challenge. On top of conflicting emotions and worries about what may happen to you and your children, the many myths surrounding divorce add another layer of fear and uncertainty. Below, we go over five common divorce myths and the truths behind them.
Myth 1: You need a reason for divorce
Kentucky is a “no-fault” state when it comes to divorce. This means you don’t need any justification, like proving that your spouse had an affair. If you or your spouse believe you can no longer fix your marriage, you can simply give “irreconcilable differences” as the reason for the divorce.
Myth 2: The mom always gets custody
Judges always decide custody based on the child’s best interests. In general, spouses receive shared or joint custody and equal parenting time. The court usually only awards sole custody if one parent may endanger the life of the child, such as if there is a domestic violence order or a history of child abuse.
Myth 3: The husband always pays alimony
Either spouse can receive alimony or “maintenance”– it all depends on whether you meet eligibility requirements. The judge considers the following:
- Insufficient property or reasonable means to meet your needs: Judges include any marital assets you may receive during the divorce into consideration.
- Inability to support yourself with a job: Judges also consider if you have custody of a child with special needs and need to stay home to care for them.
Myth 4: Assets are always split equally
Like many states, Kentucky follows equitable distribution rules in divorce. Marital assets are split fairly rather than evenly or 50/50. The court will divide assets based on factors like:
- Financial capability of each spouse
- Contribution to the property of each spouse
- Length of the marriage
Myth 5: You don’t need a lawyer for an uncontested divorce
An uncontested divorce in Kentucky requires you and your spouse to agree to all crucial points regarding the divorce. This includes everything from the asset division and alimony to child custody concerns and more.
Even couples who agree to divorce may still need to negotiate how to split assets and other matters. Having a divorce lawyer during these negotiations helps protect your rights and interests as you and your spouse try to reach a marital settlement agreement.