No-fault Divorce: Has the Price for Being Let Out of Your Marriage Just Gone...
Among the opening scenes of Eat, Pray, Love, Elizabeth Gilbert in her memoir has made the decision to leave her husband. She offers to sell the house and split everything 50/50. When her husband...
View ArticleDelaying Use of New York’s No-Fault Divorce Law Results in Colossal Waste
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...
View ArticleJudge Mandates a Trial to Obtain a No-Fault Divorce
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...
View ArticleCourt Recognizes There Is No Defense to No-Fault Divorce, But Withholds...
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....
View ArticleDefining or Questioning the Marriage Contract: Gay Marriages, No-Fault...
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...
View ArticleNo-fault Divorce Is Not Here, Yet: One Court Decides that Whether a Marriage...
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...
View ArticleSummary Judgment Granted Awarding Wife a No-Fault Divorce
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...
View ArticleJudge Allows No-fault Divorce Claim to be Added to Pre-No-fault Case
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....
View ArticleNo-Fault Divorce: A Party’s Sworn Statement of Irretrievable Breakdown is...
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....
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