Divorce

Grounds are legally acceptable reasons for a divorce. The only ground in Kentucky is that the marriage is “irretrievably broken,” which means that there is no reasonable chance of you and your spouse getting back together (reconciling). The judge can grant you a divorce if:

• both spouses state that the marriage is irretrievably broken; or
• one spouse states that the marriage is irretrievably broken and the other does not deny it.¹

However, if either spouse says that the marriage is not irretrievably broken, the judge will consider:

• the situation that led to the divorce petition being filed;
• the possible chances of fixing the marriage (reconciliation); and
• any other relevant factors.²

After considering these things, the judge will either:

1. decide if your marriage is, in fact, irretrievably broken; or
2. hold another hearing within 30-60 days and request that you and your spouse seek counseling in the meantime. Then at the next hearing, the judge would decide whether or not your marriage is irretrievably broken.²

¹ Ky. Rev. Stat. § 403.170(1)
² Ky. Rev. Stat. § 403.170(2)