Certain terms in a Kentucky divorce might be confusing to many people who are considering moving forward with the end of marriage. These might be important to the case and how it is resolved. One such term is “irretrievable breakdown.” The divorce will often hinge on the state of the marriage and if it is believed to be salvageable. Irretrievable breakdown and whether the situation has reached that point is important.
When there is a divorce petition or a statement under oath or affirmation has been made that the marriage is irretrievably broken or this statement has been made by one party and no denial has been issued by the other party, the court will determine if the marriage has been irretrievably broken or not. It is vital to remember that there will be no decree until the parties have lived separately for a minimum of 60 days. In the context of living separately, it includes a couple that resides under the same roof but is not sexually cohabitating. With the hearing, there might be an order for a conciliation conference.
In some cases, one party will not want to divorce and will deny the status of the marriage as irretrievably broken. In such a circumstance, the court will assess the relevant factors. This will include what sparked the petition being filed and how realistic reconciliation is. It will then decide as to whether it is irretrievably broken, or have a continuance for further hearing between 30 and 60 days later or as soon as the case can be heard with the suggestion that the couple have counseling. There will be a finding that the marriage is irretrievably broken when there is no hope of the couple reconciling.
Divorce can be a difficult situation. This is true whether it is amicable, contentious or anywhere in between. Negotiation is frequently the best bet when trying to end a marriage, but that is not always possible. Understanding the irretrievable breakdown of a marriage, how it is defined and the law surrounding it are critical factors. A legal professional experienced in all aspects of divorce can help.
Source: lrc.ky.gov, “403.170 Marriage — Irretrievable breakdown.,” accessed on May 17, 2018