Full question:
I am a resident of Kentucky. My wife filed a petition for legal separation and I counterclaimed for a dissolution of the marriage. I want to proceed with a dissolution. What is the legal remedy available in Kentucky regarding this issue?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: Kentucky
Answer:
In Kentucky, if a husband opposes a wife's request for legal separation and seeks a divorce instead, the court generally assumes that the marriage is irretrievably broken. The court will determine if the marriage is indeed irretrievably broken based on the evidence presented during the hearing.
According to KRS § 403.170:
- If both parties declare under oath that the marriage is irretrievably broken, or if one party states this and the other does not deny it, the court will make a finding after a hearing. No decree will be issued until the parties have lived apart for sixty days, which can include living under the same roof without sexual cohabitation. The court may also order a conciliation conference.
- If one party denies that the marriage is irretrievably broken, the court will consider relevant factors, including the reasons for the petition and the possibility of reconciliation. The court may either:
- Make a finding on the irretrievable breakdown of the marriage, or
- Continue the matter for a hearing within thirty to sixty days, suggesting counseling for the parties.
At the subsequent hearing, the court will again determine if the marriage is irretrievably broken. A finding of irretrievable breakdown indicates that there is no reasonable prospect for reconciliation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.