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
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Comments (2)
Read through and enter the discussion by using the form at the endDivorce Blogger - November 17, 2011 7:44 AM
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.
Daniel Clement - November 17, 2011 9:41 AM
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