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403.170 Marriage -- Irretrievable breakdown.
(1)
(2)
(3)
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.
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.
A finding of irretrievable breakdown is a determination that there is no
reasonable prospect of reconciliation.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 236, sec. 2, effective June 17, 1978. -Created 1972 Ky. Acts ch. 182, sec. 7.
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