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New No Fault Divorce Law Eliminates the Need for a Trial

divorcepic1-114x150Supreme Court Justice, Robert J. Muller, has decided that under the new New York No Fault Divorce Law an objecting party is not entitled to a trial on the issue of fault the marriage is beyond repair. Justice Muller’s decision is an interpretation of New York’s year old No Fault Divorce Law. The Judge’s decision interprets the legislature’s intent that the new No Fault Divorce Law does not give an option to a spouse to demand a trial on the issue that the marriage is irreconciably broken.

The Judge in his decision stated “New York Legislature has enacted in DRL Section 170(7), a true No Fault Divorce Law which does not require proof of any fault, and which does not require or permit the government, through it’s courts, to put people seeking a divorce on trial regarding their marriage.” Justice Muller pointed out in his decision that his ruling is in agreement with a decision of Nassau County Supreme Court Justice Anthony J. Falanga in the case of AC vs. DR, where Judge Falanga ruled that a woman could not challenge her husband’s declaration the marriage was irretrivably broken. In that case the woman was also not allowed to have a trial on the fault ground.

Divorce Made Simple

The New Divorce Law eliminates litigation concerning fault issues of who did what to whom. However, issues involving child support, spousal maintenance, custody, orders of protection, visitation rights (parenting time) and attorneys fees in divorces are still subject to litigation.

Father’s Rights and Mother’s Rights

Mothers and fathers have equal rights regarding custody, visitation, child support, spousal maintenance and other issues in divorces. The Law Offices of Schlissel DeCorpo have been litigating these issues for more than three decades. In addition, the law firm negotiates separation agreements, pre nuptial agreements and post nuptial agreements. In cases of one parent turning the children against another, the law firm litigates parental alienation and parental alienation syndrome related issues. Call for a free consultation. The offices phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802. The law firm phones are monitored 24/7.

Is Marriage Obsolete?

More than 40% of the people in this country think marriage is obsolete! This is according to research study. People between the ages of 18 and 30 believe maintaining excellent parenting skills is far more important than being married. So, are marriages becoming obsolete? There are many issues that face couples who marry. One of them deals with unmet expectations.

Should Marriage Make You Happy?

Can your marital partner satisfy all your needs, emotional, psychological and sexual? It is difficult to meet expectations in marriages. Many men and women find after they are married they the end up with a low conflict and a low passion relationship. First there’s love intertwined with passion. Then there’s boredom, annoyances and the uncovering of flaws in your spouse. No passion sometimes leads to the parties in marriages having affairs.

Boredom

“Been there, done that” is a popular expression. When you spend a life with another individual, “been there, done that”, can be the order of the day. Kristen and Mark of the Kinsey Institute for Sex, Gender and Reproduction found that a quarter of all people who were interviewed were bored with their monogamous relationship. Another a quarter stated “they were on the brink of boredom”. Women tend to feel lonely when the love in their marriage fades. Men tend to feel “trapped”. Are marriages becoming obsolete because expectations are too high or is divorce simply becoming much easier to obtain?

No Fault Divorce In New York

In 2011, New York became the 50th and final state to adopt a true no fault divorce law. Prior to 2011, the grounds for divorce in New York were adultery, cruel and inhuman treatment, abandonment for a period in excess of one year and living separate and apart pursuant to written agreement of separation. New York now recognizes the grounds for divorce where the parties have irreconcilable differences for a period of six months. This is a true no fault divorce statute.

Although divorce grounds are no longer relevant, should your marriage fail, you will face issues involving child custody, visitation, division of property and child support. To avoid these issues should your marriage fail down the road, it would be in your interest to enter into a prenuptial agreement prior to marriage or a post nuptial agreement after your marriage.

Should you have questions regarding legal issues concerning marriage and divorce, feel free to call the Law Offices of Schlissel DeCorpo at 516-561-6645, 718-350-2802 or 1-800- 344-6431.

Update on No Fault Divorce in New York

New York modernized its divorce law in November of 2010. This was the first change in New York’s divorce law since the 1960s.

To obtain a divorce in New York, pursuant to Domestic Relations Law §170, “an action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds…the relationship between the husband and the wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.”

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Justice Muller in Essex County

Justice Robert J. Muller, sitting in the Supreme Court located in Essex County, New York, in the matter of Stroffolino v. Stroffolino, ruled that a party denying irreconcilable differences is entitled to a trial on this issue. This is the second judge in New York to order a trial on the issue of irreconcilable differences in New York. The issue before the court is whether a trial on the fault ground in these divorce cases violates the legislature’s intent to create a no fault divorce ground that avoids litigation.

In the case before Justice Muller in Essex County, Judith A. Strack asked the court for a no fault divorce, claiming her marriage had irretrievably broken down. She alleged that she and her husband lived apart during the week and they had separate interests. She also claimed they had separate friends, hobbies, acquaintances and had developed separate lifestyles. Unfortunately, Mr. Strack said his wife’s allegations were untrue.

Justice Muller, in a decision regarding the no fault divorce statute, concluded that the issue of irreconcilable differences was a triable issue. This brings into question whether New York’s new no-fault divorce ground will accomplish its goal of eliminating trials on the issue of fault in divorce.

divorce-150x119Fathers’ Rights Attorneys in New York

The Law Offices of Schlissel DeCorpo have been representing fathers regarding all aspects of fathers’ rights matters since the early 1980s. We litigate divorce cases. We have extensive practical experience in dealing with custody issues, child support, orders of protection, visitation issues, child abuse, child neglect and the equitable distribution of property in divorces.

In matrimonial cases, where the parties are reasonable and can discuss resolution, we assist our clients in negotiation of separation agreements and settlement agreements. When fathers are downsized or lose their jobs, we bring child support modification proceedings. Feel free to contact us at 1-800-344-6431; 516-561-6645 or 718-350-2802.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore

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