Divorce: New York

Divorce: New York

Category Archives: No-fault (irretrievable breakdown)

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No-Fault Divorce: A Party’s Sworn Statement of Irretrievable Breakdown is Incontestable

Posted in Grounds, No-fault (irretrievable breakdown)
In a decision issued November 9, 2012 in Palermo v. Palermo, the Appellate Division, Fourth Department, affirmed the October 28, 2011 decision of Monroe County Supreme Court Justice Richard A. Dollinger for the reasons stated in Justice Dollinger’s opinion: a party’s sworn statement of irretrievable breakdown is incontestable. It is not subject to attack at trial. … Continue Reading

Judge Allows No-fault Divorce Claim to be Added to Pre-No-fault Case

Posted in Grounds, No-fault (irretrievable breakdown)
Elevating substance over form, Supreme Court Monroe County Acting Justice Richard A. Dollinger allowed a husband to amend his complaint in a 2009 divorce action to add a no-fault claim under D.R.L. §170(7), effective October 12, 2012. Justice Dollinger in his April 16, 2012 decision in G.C. v. G.C. (pdf), noted New York’s public policy … Continue Reading

Summary Judgment Granted Awarding Wife a No-Fault Divorce

Posted in Grounds, No-fault (irretrievable breakdown)
In his February 8, 2012 decision in Townes v. Coker, Nassau County Supreme Court Justice Robert A. Bruno joined his benchmate, retired Justice Anthony J. Falanga, and held that true no-fault divorce is now available in New York. Justice Falanga, in his March 28, 2011 decision in A.C. v. D.R.,  had given full effect to New York’s new no-fault … Continue Reading

No-fault Divorce Is Not Here, Yet: One Court Decides that Whether a Marriage Has Broken Down Irretrievably is an Objective Issue of Fact

Posted in Grounds, No-fault (irretrievable breakdown)
Update: In a decision issued November 9, 2012, the Appellate Division, Fourth Department, affirmed the October 28, 2011 decision of Monroe County Supreme Court Justice Richard A. Dollinger for the reasons stated in Justice Dollinger’s opinion: a party’s sworn statement of irretrievable breakdown is incontestable. It is not subject to attack at trial.   Original January … Continue Reading

Defining or Questioning the Marriage Contract: Gay Marriages, No-Fault Divorce and Dissolved Civil Unions

Posted in Child Support (C.S.S.A.), Equitable Distribution, No-fault (irretrievable breakdown), Temporary (Pendente Lite) Relief
Last week, the Appellate Division, Third Department, exercised its equitable muscle to filling in the gaps while the marriage and divorce laws of the different states catch up with each other.  On July 21, 2011, in Dickerson v. Thompson, the court granted a dissolution of a Vermont civil union. Under Vermont law, the civil union … Continue Reading

Court Recognizes There Is No Defense to No-Fault Divorce, But Withholds Summary Judgment

Posted in Defenses, Grounds, No-fault (irretrievable breakdown), Trial
In his March 28, 2011 decision in A.C. v. D.R., Supreme Court Nassau County Justice Anthony J. Falanga gave full effect to New York’s new no-fault divorce law and temporary financial relief amendments. In this first blog of two parts, the Court’s joinder of the wife’s no-fault action with the husband’s pre-no-fault action will be … Continue Reading

Judge Mandates a Trial to Obtain a No-Fault Divorce

Posted in Custody and Visitation, Defenses, Grounds, No-fault (irretrievable breakdown), Trial
In actions commenced on or after October 12, 2010, Domestic Relations Law §170(7) provides for granting a divorce where one party states under oath that “the relationship between husband and wife has broken down irretrievably for a period of at least six months . . . .” It what may be the first decision to … Continue Reading

Delaying Use of New York’s No-Fault Divorce Law Results in Colossal Waste

Posted in Grounds, No-fault (irretrievable breakdown)
Two December, 2010 appellate decisions reveal the colossal waste of judicial resources resulting from the failure to have no-fault apply to divorce actions “in the pipeline,” i.e., commenced on or before October 11, 2010.  Certainly, the time, money and angst of the battling spouses is just as important a concern. On August 13, 2010, New York did … Continue Reading