Understanding irretrievable breakdown in a Kentucky divorce
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Understanding irretrievable breakdown in a Kentucky divorce

| Oct 29, 2020 | Uncategorized |

There are many reasons a Kentucky couple might decide to end their marriage and move on. People might be under the impression that to get a divorce it is necessary to prove infidelity, substance abuse, domestic violence or one spouse simply abandoning the other. That is not the case. The parties do not need a specific reason other than that they can no longer get along and the marriage is irreparable. The state allows for “no fault” divorce meaning it can be granted because of irretrievable breakdown.

Ending a marriage by claiming irretrievable breakdown

For there to be an irretrievable breakdown, one or both spouses must state under oath that the marriage cannot be repaired. If only one spouse makes this claim, then the other must not deny it for the divorce to be granted on these grounds. The court must determine whether the marriage is irretrievably broken. Regardless, the spouses must live separately for 60 days before there can be a dissolution of the marriage. That includes living in the same home provided there is no sexual cohabitation. If the court decides to do so, it can order the parties to take part in a conciliation conference.

In some cases, one side might say that the marriage is irretrievably broken and the other denies it. The court will then assess the case and gauge whether reconciliation is possible. After that, it will make a finding as to whether it is irretrievably broken or it will order another hearing for between 30 and 60 days later, depending on the court calendar. In this case, there is also the possibility of a conciliation conference.

No matter the reason for a divorce, legal advice may be essential

Irretrievable breakdown allows a couple to get a divorce without giving a list of reasons before the court will approve it. This is generally perceived as a simple process. However, as with any legal case, complications can arise. For some, there are significant assets at stake. There may be children with custody and visitation issues. Or it is possible that the marriage can be saved. Before pursuing a case, it is wise to be prepared for every eventuality. Consulting with a firm experienced in family law and divorce can provide guidance and information about a case.