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What happens if my husband denies our marriage is irretrievably broken?

What happens if my husband denies our marriage is irretrievably broken?

Q: Can my spouse contest the divorce in Kentucky?

Yes, in Kentucky, a spouse can contest the divorce by denying that the marriage is irretrievably broken. If this happens, the court will evaluate the situation, including the reasons for the divorce and the potential for reconciliation, before making a decision.

Q: What happens if the court finds the marriage is not irretrievably broken?

If the court determines that the marriage is not irretrievably broken, it may postpone the divorce proceedings for a hearing within thirty to sixty days. During this time, the court may suggest counseling to help the couple address their issues.

Q: What is a conciliation conference?

A conciliation conference is a meeting suggested by the court to help spouses resolve their differences and explore the possibility of reconciliation. Either party can request this conference before the court makes a final decision on the divorce.

Q: How long does the divorce process take in Kentucky?

The duration of the divorce process in Kentucky can vary widely depending on the complexity of the case, whether there are disputes over issues like property or custody, and the court's schedule. If both parties agree on the terms, it may be resolved more quickly, while contested cases can take longer.

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: 04/07/2025
State: Kentucky

Answer:

In Kentucky, if one spouse denies under oath that the marriage is irretrievably broken, the court will evaluate relevant factors, including the reasons for filing the divorce and the possibility of reconciliation. The court must determine if the marriage is irretrievably broken or postpone the case for a hearing within thirty to sixty days, during which it may recommend counseling. Additionally, either party can request a conciliation conference. At the follow-up hearing, the court will again assess whether the marriage is irretrievably broken (KRS § 403.170).

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.

FAQs

What does it mean for a marriage to be irretrievably broken?

A marriage is considered irretrievably broken when there is no reasonable chance of reconciliation between the spouses. This can occur due to ongoing conflicts, lack of communication, or emotional distance. In legal terms, it signifies that the relationship cannot be repaired, which is a key factor in divorce proceedings in Kentucky.