1.27.080 Irretrievable Breakdown; Finding

(a) 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 or if the parties have voluntarily lived apart for at least 12 months immediately prior to the Commencement of the action and at lease one party has stated under oath that the marriage is irretrievably broken, the Court, after hearing, shall make a finding whether the marriage is irretrievably broken.

(b) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the Court shall, upon hearing, consider all relevant factors as to the prospect of reconciliation, and shall either:

(1) Make a finding whether or not the marriage is irretrievably broken; or

(2) Continue the matter for further hearing, not more than sixty days later. The Court, at the request of either party, or on its own motion may order a conciliation conference. Upon review of the evidence and testimony, the Court shall make a finding whether or not the marriage is irretrievably broken.

(c) A finding that the marriage is irretrievably broken is a determination that there is no reasonable prospect or reconciliation.