No-Fault, No Trial?
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What does New York”s year-old no-fault divorce statute mean regarding the necessity of a trial? At this point it is still unclear. In a recent decision in Monroe County, Acting Supreme Court Justice Richard A. Dollinger ruled in Palermo v Palermo, 2010/15824, that based on the no-fault statute, a spouse is not entitled to a trial on the issue of whether the marriage is irrevocably fractured. This holding is in accord with a ruling in Nassau County by Supreme Court Justice Anthony J. Falanga, in A.C. v D.R., 2011 NY SlipOp 21113 (2011), where the wife was similarly not entitled to challenge her spouse’s declaration that the marriage was irretrievably broken. However, in a contrary ruling, Supreme Court Justice Robert J. Muller, in Essex County, in Strack v Strack, 2011 NY SlipOp 21033, held that a spouse is entitled to a trial on the issue. What does all this mean? Until the issue is resolved on appeal, there is no clear answer.
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Mark Schreck
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