9.08.050 Irretrievable Breakdown

(a) If both of the parties 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.

(b) 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 give rise to filing the petition and the prospect of reconciliation, and shall:

(1) Make a finding whether the marriage is irretrievably broken; or

(2) Continue the matter for further hearing not fewer than thirty (30) nor more than sixty (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.

(c) A finding of irretrievable breakdown is a determination that there is no reasonable prospect of reconciliation.