Legal Question in Family Law in Kentucky

My wife of 4 years left me and was seeing someone else , which I have no proof of , she was gone for 6 months . I started dating someone else and she got kicked out of her parents and I let her move back in as a room mate only because of our 3 year old son . I am still with my girlfriend . My home was an inheritance . My wife has a picture of me and my girlfriend says she is going to use it against me in court if I file for a divorce . She said that with it she could take everything I own and keep me from seeing my son . Is this true ?


Asked on 3/07/13, 6:31 am

1 Answer from Attorneys
Thomas McAdam Thomas A. McAdam, III, Attorney

Kentucky is a "no fault" divorce state, meaning that evidence of adultery is generally not admissible in court. No court will let her "take everything," because judges are required to make a fair and equitable distribution of marital property in a divorce. If you inherited your home, then it is not marital property, and your wife has no claim on it. And, unless she can prove that you present some sort of danger to your son, she cannot prevent you from seeing him. A court may even award custody of your son to you. You should contact a Kentucky attorney as soon as possible, to protect your rights in this matter.

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Answered on 3/08/13, 9:27 am


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