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No Fault Divorce Denied to Father

Scott Schiffer was divorcing his wife, Lynn. He made an application under the new New York Domestic Relations Law section 170-70 for a Summary Judgment based on a irretrevable break down of his marriage to his wife Lynn for a period of six months.

Lynn opposed the Summary Judgment application. Summary Judgment asks a court to render a decision on the issues presented to it without the need for a trial. Lynn claimed that a judgment could not be granted because under the new law both economic and custodial issues concerning custody of the children had to be resolved for the court to finalize a judgment on the case. Her attorney argued to the court since neither of the issues have been resolved the court could not grant a Summary Judgment application on behalf of her spouse in this divorce proceeding. Justice Charles D. Woods, sitting in the Supreme Court of Dutchess County agreed with Lynn’s lawyer’s argument. The court’s decision held the new No Fault Divorce Statute clearly states a judgment cannot be granted unless the economic and issues in concerning child custody and visitation are resolved.

Long Island Divorce Lawyers

The divorce lawyers at the Law Offices of Schlissel DeCorpo have been assisting New Yorkers and Long Islanders in obtaining divorces for more than 30 years. Our office has developed an expertise regarding issues concerning divorce, orders of protection, child custody, child abuse and child neglect, annulments, and issues involving high networth divorces. Our law office also negotiates pre nuptial and post nuptial agreements. We litigate issues concerning mother’s rights and father’s rights. Should you have Matrimonial or Family Court issues, call us. Our phones are monitored 24/7.

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