Divorce: New York

Divorce: New York

Category Archives: Trial

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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