Latest Divorce Court Ruling - There is No Defense against New York's No Fault Divorce Action

April 25, 2011 - PRLog -- Last year New York was one of the last states to introduce no fault as a ground for divorce. Either of the spouses can file for a divorce provided that he can prove in court that the marriage has been "irrevocably broken" for at least six months.

However, lately there has been confusion over whether there is ever a need for a trial in a no fault divorce case.

As with any new statute, there is always room for interpretation and courts inevitable find themselves in the position of having to determine the intention of the legislation, history and particular wording that is used.

Consequently, there have been mixed decisions regarding whether a no fault divorce is sufficient to avoid trial.

One particular case this year exemplifies this confusion. In the New York Supreme Court, Essex County, in the trial of Strack v. Strack , Justice Robert J. Muller ordered a trial to determine whether in fact the marriage had irretrievably broken down, after one part challenged the allegation.


When the new law was enacted, there was a presumption that "the marriage had irretrievably broken down with no prospect of reconciliation," would establish an irrefutable allegation that would definitely eliminate a divorce trial, which have been deemed to be time consuming and unnecessarily expensive.


However the latest court ruling in the decision of A.C. v. D.R., 10-202115 was that there is no defense to New York's No Fault Divorce

A Husband's claim that New York's "no-fault" divorce statute violates his constitutional rights because he wanted to remain married was rejected in the March 28, 2011 decision of A.C. v. D.R.

Justice Anthony J. Falanga rejected this claim and held that The Court further held that a party's "self-serving declaration about his or her state of mind is all that is required for the dissolution of a marriage on grounds that it is irretrievably broken."

The decision in this case will certainly bring much relief to other parties intending to use the no fault ground for divorce in their action.

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Our team has successfully maintained a commitment to excellence in New York family law. When you work with a lawyer at our firm, you will experience the level of service and experience that have made us one of the leading divorce law firms in New York.

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At the Law Offices of Brian D. Perskin, our team is comprised of skilled, dedicated and hardworking divorce and family law professionals. As such, our goal is to educate, negotiate, mediate or litigate to the best interests of our clients.
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