§580-42  [OLD] REPEALED.  L 1972, c 11,
§2.



 



§580-42  Irretrievable breakdown.  (a) 
If both of the parties by complaint 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.  The court, in its
discretion, may waive a hearing on an uncontested divorce complaint and admit
proof by affidavit.



(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 gave rise to
the filing of the complaint 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 less
than thirty or more than sixty 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.  At the adjourned hearing, the court shall make a finding
whether the marriage is irretrievably broken. [L 1972, c 11, §3; am L 1973, c
211, §5(o); am L 1989, c 127, §2]