In Kentucky, a couple who decides to end a marriage and move forward with a divorce can take advantage of the “no-fault” option. This generally means that they do not need to give a concrete reason as to why the marriage is ending. Saying that it is irretrievably broken is sufficient. However, that does not automatically mean that the court will immediately grant the divorce. There are still legal requirements that must be met prior to the divorce being granted and the marriage to be over. Knowing the law for a divorce based on an irretrievable breakdown is imperative and having assistance can be helpful for a desired outcome.
How the court looks at a divorce based on irretrievable breakdown
For a divorce based on irretrievable breakdown, one or both spouses must say under oath or affirm a statement from the other spouse that the marriage is damaged beyond repair. If one spouse says it and the other does not deny it, this can be sufficient. Once this has been done, the court will have a hearing and decide if the marriage cannot be salvaged. The spouses must live separately for a minimum of 60 days. They do not need to live in separate residences for the criteria to be met. They can live under the same roof provided there is no sexual cohabitation.
The circumstances will be considered in the context of the possibility of the couple reconciling. After the court has assessed the case, it can decide if the marriage is as broken as the parties claim or order a hearing to be held between 30 and 60 days later. It can also encourage the couple to receive counseling or order a conciliation conference to try and save the marriage. Once the court determines that the marriage cannot be saved, it will allow a divorce.
When getting a divorce, professional advice can help with navigating the terrain
Although people do not need to show that there was a specific issue like infidelity, abandonment, abuse or any other spark to the decision to divorce, there are rules that dictate whether it can be granted even if the parties say it is irretrievably broken. Any family law issue can be complicated. Even those that seem relatively simple can have obstacles that must be addressed. To reach a reasonable solution with divorce, a legal separation, child custody, support, property division and more, it is useful to have experienced advice.