Although the State's 2010 no-fault divorce law was intended to reduce lengthy litigation, a Suffolk County Judge has recently held that a Wife was not entitled to a divorce from her Husband on her word alone. The no-fault provision can be used where "the relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath." However, the Court held that the legislature's approval of no-fault did not necessarily settle the issue when only one party wants a divorce since a defendant, in the Court's opinion, had the right to put forth a defense.
The Husband had raised affirmative defenses that his Wife was extremely frail, was not of her "right mind" and was under the unnatural sway of at least two of her four children. These affirmative defenses, the Court held, precluded the automatic granting of the Wife's divorce request under no-fault. Does this decision mean New York is a quasi-no-fault state?
If you would like to discuss whether or not New York is a quasi-no-fault state then you should contact a Nassau County divorce lawyer from our law firm. Call attorney Jane K. Cristal for more information on how a member of our legal team will be able to assist with your child support issue, divorce, custody matter or any other family law related case you may be facing.