In Kentucky we are a “no fault” divorce state, meaning one does not have to have grounds for a divorce. All divorces in Kentucky are basically considered to be based upon “irreconcilable differences.” So if there are no grounds required, how will domestic violence affect a Louisville divorce?
What is the impact of one spouse accusing the other of violent acts? How does a restraining order for domestic violence impact your divorce case? The first impact of a restraining order is usually an order from the judge preventing the parties from contact with one another. This makes cost-effective tools such as mediation and joint negotiations much more challenging as both parties cannot be present.
A successful allegation of domestic violence or abuse may result in the removal of the violent party from the family home. This will impact time with any children involved, as well as access to marital property.
Finally, Kentucky law establishes that a spouse convicted of domestic violence in most cases cannot receive maintenance. While this is a “rebuttable presumption” (meaning the accused has the right to provide direct evidence against the bias based upon a violent conviction) it creates additional legal hurdles and therefore costs for the party accused of domestic violence.
How does domestic violence affect child custody? In Kentucky, our family law code places the safety and best interests of the child as the highest factor in decisions relating to child custody and parenting time. If the Court believes one of the parties is violent it may find that this behavior affects the safety of the child(ren) resulting in a detrimental impact on physical and legal child custody.
The divorce and family law attorneys at Dodd & Dodd have decades of experience in Louisville and Jefferson County divorce cases involving allegations of domestic violence. We believe that any child or spouse should be protected from the threat of violence. We have also witnessed the abuse of domestic violence allegations by parties seeking to gain an unfair advantage in divorce proceedings.
How will domestic violence affect a Louisville divorce or any divorce in Jefferson County? If your divorce proceeding will be impacted by domestic violence in the present or past it will be important to be represented by an experienced and skilled divorce attorney with proven legal skill in situations involving domestic violence and restraining orders. We invite you to contact us or call 502-584-1108 to schedule an appointment with one of our family law lawyers.
