Full question:
My husband and I are living separately in Kentucky. I want to file a divorce. I would like to know what is the law if my husband denies the fact that our marriage has irretrievably broken down?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: Kentucky
Answer:
In Kentucky, if one of the parties deny under oath or affirmation that the marriage is irretrievably broken, the court may consider the relevant factors, including circumstances that gave rise to filing the petition and the prospect of reconciliation. The court shall make a finding if the marriage is irretrievably broken or to continue the matter for further hearing not fewer than 30 nor more than 60 days later and suggest the parties to seek counseling. The court, at the request of either party shall or on its own motion order a conciliation conference and at the next hearing the court shall make a finding whether the marriage is irretrievably broken or not.This is provided in KRS §403.170. It reads:
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(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.
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(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.
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