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Common Misconceptions
About Divorce in Kentucky

The Berger Firm March 17, 2022

No matter where you live, a divorce is an emotionally draining process. For most people getting divorced, it is their first time encountering Kentucky’s divorce system. A lack of firsthand experience can lead to a number of myths and misconceptions about how the divorce process actually works in Kentucky. Divorcing a partner is difficult enough, and the myths surrounding a separation can make people reluctant to put an end to a marriage that is no longer working.

Our experienced divorce attorneys at The Berger Firm understand the impact a divorce can have. We recognize that every family is unique, which is why we are proud to provide knowledgeable and caring family law services to clients in Covington, as well as the greater Cincinnati and Northern Kentucky areas. The divorce process is never easy, but we’re ready to guide individuals and families through the process, seeking positive outcomes for all involved.

Kentucky Divorce Misconceptions

There are a lot of misconceptions and false assumptions surrounding divorce, and many of them are accepted as fact because of a variety of factors. This makes a divorce more difficult. Below is a selection of some of the more common misconceptions surrounding divorce in Kentucky:

Our assets will all be split 50/50

Kentucky is an equitable distribution state, meaning that marital assets are split in a way that is fair, but not necessarily equal. Judges look into current finances, education, potential finances, and more. Sometimes, though not always, those with higher finances may have more debt compared to the other spouse.

There are two types of property in these kinds of situations: marital and separate. Marital assets were obtained when the couple was married, but separate assets are usually more complicated. They include assets that were included in a prenup, assets acquired before marriage, assets from an inheritance, and others. Separate assets generally stay with the individual, while marital assets are divided. 

Mothers automatically get custody of the children

There is a common misconception that only mothers get custody of their children, and some fathers do not bother asking for custody because of this. In the state of Kentucky, there are pre-assumptions about custody agreements. Joint custody and time-sharing are included in those assumptions. Fathers have the same rights that mothers have. However, with the help of an attorney, the assumption that your child’s best interests are served with joint custody and equal time-sharing may be challenged in court depending on your child’s needs.

You have to get divorced in the state you got married in

This is another misconception. No Kentucky law indicates that you must reside in the state in which you got married to get a divorce. Generally, both parties will reside in the same state during a divorce, but even if they don’t, the divorce can proceed.

If adultery was involved, the other spouse gets everything

This is another false misconception. Adultery does not mean everything is given up to the innocent spouse. Adultery does have the opportunity to impact it, but it isn’t an absolute surrender. But it’s important to note that the court will likely look down on that action.

Alimony is a part of any divorce

While this may have been somewhat true in the past because of traditional family roles, times have changed. Courts in Kentucky will evaluate the financial situation of each spouse before and after the divorce in order to determine alimony eligibility and amount.

How an Experienced Divorce Attorney Can Help

Our skilled team of divorce attorneys at The Berger Firm works diligently to guide our clients through the divorce or other family matters processes. Contact us today if divorce is affecting your life. We proudly serve those in Covington, Kentucky, and throughout northern Kentucky and the greater Cincinnati area.