New York’s First Divorce Trial: The Marriage was Irretrievably Broken

16962-iStock_000017070446XSmallAfter the first no fault divorce trial in New York, a Long Island court found that the parties’ marriage had irretrievably broken down and the wife was granted a divorce. In July, the same Supreme Court judge ruled that the mere allegation in the complaint that the parties’ marriage had irretrievably broken down did not resolve the “grounds” issue.

New York’s no fault divorce law provides that a party may be granted a judgment of divorce if “the relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath."

As I previously reported, two other New York courts ruled that that a spouse is not entitled to a trial to challenge the other's allegation that the marriage has irretrievably broken down. The ground is established by simply alleging in a signed pleading that the marriage has irretrievably broken down.

In Sorrentino v. Sorrentino, the Court noted that the husband alleged that the Wife was “was extremely frail, was not of her "right mind" and was under the unnatural sway of at least two of her four children.” While the judge opined that he had to consider these affirmative defenses, he concluded that they were without merit and the Wife was entitled to a divorce.

While I think many judges will simply take the position that New York’s no fault divorce law does not require a trial to prove that the marriage has irretrievably broken down (the mere allegation will conclusively prove the allegation), there will be other judges who believe that there may be defenses to the claim and, as a result, will require a trial. Until the Appellate Division rules to the contrary, there will not be consistency; one judge may allow party to defend against a no fault divorce and another may not. This case may not be the last no fault divorce trial.


6 Responses

  1. Hello Web Admin, I noticed that your On-Page SEO is is missing a few factors, for one you do not use all three H tags in your post, also I notice that you are not using bold or italics properly in your SEO optimization. On-Page SEO means more now than ever since the new Google update: Panda. No longer are backlinks and simply pinging or sending out a RSS feed the key to getting Google PageRank or Alexa Rankings, You now NEED On-Page SEO. So what is good On-Page SEO?First your keyword must appear in the title.Then it must appear in the URL.You have to optimize your keyword and make sure that it has a nice keyword density of 3-5% in your article with relevant LSI (Latent Semantic Indexing). Then you should spread all H1,H2,H3 tags in your article.Your Keyword should appear in your first paragraph and in the last sentence of the page. You should have relevant usage of Bold and italics of your keyword.There should be one internal link to a page on your blog and you should have one image with an alt tag that has your keyword....wait there's even more Now what if i told you there was a simple Wordpress plugin that does all the On-Page SEO, and automatically for you? That's right AUTOMATICALLY, just watch this 4minute video for more information at. <a href="" rel="nofollow">Seo Plugin</a>
  2. all of the bestt [url=][/url] across the world !!!!!!!!!!!!!!!!!!!!!!!!
  3. gracieux peruvian virgin hair conforme à cette effigie a livraison agile
  4. this is a great looking sword and based on the sword alone it was good. Mine got damaged in shipping because the box it was shipped in was too small, so the hilt end is "rubbed" and the blade is very difficult to get out of the scabbard. I hope that they can fix this for me. If they can, then i'd change this to a 5 star. :)
  5. I am very impressed with this sword. The craftsmanship on the handle and hilt are very strong. It came sharpened, but not super sharp, it does come with a layer of grease to prevent rusting, Which is white. The entire construction is sturdy and has a great feel to it. I don't know if it's just an imprinted coloring on the blade or not. But I will say if it turns out to be a plain carbon steel blade, it still is worth way more then paid .
  6. I wanted to thank you for this great read!! I absolutely enjoyed every bit of it. I've got you saved as a favorite to check out new stuff you post…

Leave a comment

Contact Us Now!
(212) 683-9551