403.170 Marriage -- Irretrievable breakdown.

236 words·~1 min read·/ky/chapter-403/403-170

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If both of the parties by petition or otherwise have stated under oath or affirmation

that the marriage is irretrievably broken, or one of the parties has so stated and the

other has not denied it, the court, after hearing, shall make a finding whether the

marriage is irretrievably broken. No decree shall be entered until the parties have

lived apart for 60 days. Living apart shall include living under the same roof

without sexual cohabitation. The court may order a conciliation conference as a

part of the hearing.

(2)If one of the parties has denied under oath or affirmation that the marriage is

irretrievably broken, the court shall consider all relevant factors, including the

circumstances that gave rise to filing the petition and the prospect of reconciliation,

and shall:

(a)Make a finding whether the marriage is irretrievably broken; or

(b)Continue the matter for further hearing not fewer than 30 nor more than 60

days later, or as soon thereafter as the matter may be reached on the court's

calendar, and may suggest to the parties that they seek counseling. The court,

at the request of either party shall, or on its own motion may, order a

conciliation conference. At the adjourned hearing the court shall make a

finding whether the marriage is irretrievably broken.

(3)A finding of irretrievable breakdown is a determination that there is no reasonable

prospect of reconciliation.