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
  3. One thing is that if you find yourself searching for a education loan you may find that you will need a co-signer. There are many situations where this is correct because you may find that you do not employ a past credit history so the lender will require that you've someone cosign the credit for you. Good post.
  4. 11/4/2016 @ 12:23:27: lorem ipsum
  5. In my estimation, does a good job of handling topics of this type! Even if often intentionally contentious, the material posted is generally well researched and challenging.
  6. In my view, does a good job of handling topics of this type. Even if ofttimes intentionally controversial, the material posted is generally thoughtful and challenging.
  7. I generally agree with your take on this topic and look forward to new posts and comments here at Keep up the good work!
  8. In my view, does a good job of dealing with topics of this kind. While frequently intentionally contentious, the information is more often than not well researched and challenging.
  9. I'm pleased by the manner in which covers this sort of issue. Usually to the point, sometimes contentious, without fail well-researched and more often than not quite stimulating.
  10. 11/24/2016 I'm pleased with the way that handles this kind of issue! Generally to the point, sometimes contentious, without fail well-written and stimulating.
  11. In my view, does a good job of covering topics of this type! While sometimes deliberately controversial, the information is in the main thoughtful and stimulating.
  12. This is a really good tip particularly to those fresh to the blogosphere. Simple but very precise information… Many thanks for sharing this one. A must read post!
  13. Very well written post. It will be helpful to anyone who employess it, including me. Keep doing what you are doing - for sure i will check out more posts.
  14. 1/2/2017 I'm gratified with the way that handles this kind of topic. Generally on point, sometimes controversial, without fail thoughtful and thought-provoking.
  15. I read this article completely about the difference of most recent and preceding technologies, it's awesome article.
  16. You are so cool! I do not believe I've read anything like that before. So great to find another person with genuine thoughts on this subject matter. Really.. many thanks for starting this up. This web site is something that is needed on the web, someone with a little originality!
  17. I realize this is kind of off-topic, but I figured I’d inquire. Would you be interested in exchanging back links or potentially guest authoring a blog post or vice-versa? My blog goes over a lot of the similar subject areas as yours, and I believe that we could greatly benefit from each other. If you happen to be interested, feel absolutely free to shoot me an e-mail. I look forward to hearing from you! Terrific blog site by the way!
  18. Hey there I am so delighted I found your webpage, I really found you by mistake, while I was researching on Bing for something else, Nonetheless I am here now and would just like to say thank you for a marvelous post and a all round thrilling blog (I also love the theme/design), I don't have time to read through it all at the minute but I have book-marked it and also included your RSS feeds, so when I have time I will be back to read much more, Please do keep up the excellent job.
  19. ig
    This web site really has all of the info I needed concerning this subject and didn't know who to ask.
  20. Very nice pattern and excellent subject material, very little else we need :D.
  21. I got this site from my pal who told me regarding this site and at the moment this time I am browsing this site and reading very informative articles or reviews at this time.
  22. Hello! This is my first visit to your blog! We are a team of volunteers and starting a new initiative in a community in the same niche. Your blog provided us useful information to work on. You have done a extraordinary job!
  23. ig
    Yesterday, while I was at work, my sister stole my iPad and tested to see if it can survive a thirty foot drop, just so she can be a youtube sensation. My iPad is now destroyed and she has 83 views. I know this is totally off topic but I had to share it with someone!
  24. Good article. I certainly love this site. Thanks!
  25. Great advice. Thank you for your time in helping me get educated on the matter.
  26. When I originally commented I clicked the "Notify me when new comments are added" checkbox and now each time a comment is added I get three e-mails with the same comment. Is there any way you can remove people from that service? Appreciate it!|
  27. Oceanside hosts the Corps Base Camp Pendleton and comes with a few of the challenges associated with bottom cities that are significant.
  28. Hi there! This article couldn�t be written any better! Reading through this post reminds me of my previous roommate! He always kept preaching about this. I will forward this information to him. Fairly certain he'll have a great read. Many thanks for sharing!
  29. I think the admin of this site is actually working hard in support of his web site, for the reason that here every information is quality based stuff.
  30. Ahaa, its fastidious dialogue regarding this post at this place at this website, I have read all that, so at this time me also commenting here.
  31. I just wanted to write a simple word in order to say thanks to you for the remarkable suggestions you are giving out on this website. My time-consuming internet lookup has at the end of the day been honored with high-quality facts to write about with my great friends. I 'd express that many of us readers are very much blessed to exist in a very good website with so many wonderful people with very helpful methods. I feel very fortunate to have encountered the site and look forward to tons of more awesome moments reading here. Thanks a lot once again for everything.
  32. Heya i'm for the first time here. I came across this board and I find It truly useful & it helped me out a lot. I hope to give something back and help others like you helped me.
  33. Heya i am for the first time here. I found this board and I find It truly useful & it helped me out a lot. I hope to give something back and help others like you aided me.
  34. I besides conceive therefore, perfectly written post!
  35. As a Newbie, I am continuously browsing online for articles that can aid me. Thank you
  36. I don't ordinarily comment but I gotta admit thanks for the post on this one :D.
  37. I do not even know how I ended up here, but I thought this post was good. I do not know who you are but certainly you're going to a famous blogger if you aren't already ;) Cheers!
  38. I believe other website owners should take this site as an model, very clean and great user friendly design and style.

Leave a comment

Contact Us Now!
(212) 683-9551