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
