New York Divorce Report - New York's Divorce and Family Law Blog

In yet another odd case, a husband who was attacked by his wife with a three foot samurai sword,was not entitled to a divorce based upon his wife’s cruel and inhuman treatment. Although the Court found that the wife would have killed the husband, but for his daughter’s intervention, the Court in the case S.K. v. I.K. found that: . . . at no time did the husband testify that the alleged cruel and inhuman treatment of him by the wife so endangered his physical or mental well being as to render it unsafe or improper for him to cohabit... More

Last week, the New York Times ran a blistering editorial about New York’s antiquated divorce law. New York remains the only state in the nation that does not have a no-fault or an irreconcilable differences grounds for divorce. In New York, someone seeking a divorce has to prove that their spouse is guilty of marital fault, that is their spouse committed adultery, treated them in a way that is cruel and inhuman, abandoned them or has been imprisoned. A divorce is also available if the parties have been legally separated for one year. The absence of a no fault divorce... More

Despite overwhelming support to adopt a no-fault or irreconcilable grounds for divorce, New York remains the only state in which a party must allege and prove marital fault in order to obtain a divorce. By far, the most common fault based ground for divorce in New York is constructive abandonment. In the recent case of Mehl v. Mehl, the Appellate Division defined the elements of this ground for divorce. It is well settled that to establish a cause of action for a divorce on the ground of constructive abandonment, the spouse who claims to have been constructively abandoned must prove... More

Over a year ago, New Jersey recognized irreconcilable differences as grounds for divorce. So, what can New York lawmakers, who have been struggling to enact a no-fault grounds for divorce, learn from New Jersey’s experience? According to the New Jersey Lawyer, “The law stands as a classic case of a proposal lingering for years in the state legislature based on opposition from religious groups and, when finally enacted, is actually heaped with praise.” In the absence of a no-fault or irreconcilable differences ground for divorce, the parties need allege and prove marital fault. Prior to the enactment of New Jersey’s... More