Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, September 8, 2021

Divorce Couple "Should Not" Treat Each Other Too Nice In The Court, It Might Affect The Decision

From WKRC TV Cincinnati:

A couple appealed for the matter of dissolution via a virtual hearing in Kentucky, and judge ordered the couple to go back counseling despite the fact that the couple had already gone through several counselings throughout the years before filing the petition for dissolution and clearly expressed their decision to divorce was a mature decision. The reason is that they behaved nicely and respectfully to each other during the hearing.

The proof of a "irretrievably broken" marriage is a requirement in Kentucky before the court can enter the decree for dissolution. Under Kentucky State Law, court shall try its best to preserve the integrity of marriage and to safeguard the family relationships. This is unusual, however. Both sides' attorneys agreed that this ruling was unexpected in the duration of their family law practices. 

The marriage lasted for about 13 years. The reason of not pursue a dissolution earlier is for the consideration of this couple's child. Both attorneys agree that selfless behavior and commitment to put their child first is exactly what a couple should do, and say it should not be mistaken for anything otherwise.

Read more here.

https://lawprofessors.typepad.com/family_law/2021/09/divorce-couple-should-not-treat-each-other-too-nice-in-the-court-it-might-affect-the-decision.html

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Comments

Crazy. My quick take is the judge put way too much weight on a single observation of how they interacted in the highly artificial setting of court, and far too little on the extensive record of their actual day-to-day interactions. Seems like the judge just might have been looking for some excuse to send them back for more counseling.

Posted by: kotodama | Sep 9, 2021 7:05:41 AM

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