New York No Fault Divorce- No Trial

Another New York court has ruled that New York's no-fault divorce statute does not provide a defendant with a right to trial.  In doing so, the court ruled that a party is not entitled to challenge the other spouse's allegation that the marriage has irretrievably broken down.

This decision is consistent with a decision from Nassau County in which the court ruled that a wife had no right to a trial where her  husband pled a no fault grounds for divorce.  Earlier this year, an upstate judge ruled that the issue of whether a marriage has irretrievably broken down presented a triable issue of fact.
I suspect that more courts will adopt the position that New York’s  no fault divorce law does not require a showing of marital wrongdoing or fault.    I think all that is necessary in order to make out a case for no fault  divorce is a party’s sworn statement alleging that the marriage has irretrievably broken down

 

38 Responses

  1. It's a sensible decision. If one party wants a divorce, there is little point in the other party trying to prevent it from happening. In the UK, both paties must agree to a divorce before they can file on an uncontested basis and whilst the majority of couples do agree, contested divorce proceedings waste a great deal of the court's valuable time.
  2. I agree. Denying a divorce to someone who wants out of the marriage is not going to save the marriage; it just locks people into a dead relationship. Daniel Clement
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