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Ever since New York passed the no-fault divorce law, judges and lawyers have debated whether a claim by one party that the marriage has been "irretrievably broken" bars the other party from contesting the divorce. The basis for the confusion lies within the law providing for no-fault divorce. In 2010, the New York legislature finally joined the other states in providing for no-fault divorce, and no-fault was added to the list of grounds to become the seventh ground under Domestic Relations Law S170. Almost immediately, it became clear to matrimonial practitioners that there was an issue relative to Domestic Relations Law, S173, which states: "In an action for divorce there is a right to trial by jury of the issues of the grounds for granting the divorce.
Finally! Gov. David A. Paterson on Aug. 13 signed into law significant new legislation to reform New York State's outdated divorce laws. New York will finally join the other 49 states in allowing no- fault divorce, meaning couples can end a marriage without having to affix blame, an often costly and lengthy process.
Current topics attracting family law practitioners' attention include newly released figures for support caps and the ongoing debate about how no-fault the no-fault divorce law really is. Statutory support 'caps'
The mundane details of an imploding marriage, like excessive servings of tuna casserole, feature heavily in the divorce dockets of Britain, which does not have a no-fault divorce law. CORRECTION APPENDED
LIVERMORE FALLS -- Selectmen signed a second no-fault agreement Monday related to the Route 4 construction project. Both Jay and Livermore Falls learned after the road was paved that there were some minor sags in the new sewer lines installed during a Maine Department of Transportation road reconstruction project. About 1.1 miles on Route 4 from Bridge Street in Livermore Falls to Pineau Street in Jay in 2011 and 2012 were done.
In a recent Monroe County Supreme Court domestic relations case interpreting New York's 2010 "no-fault" law, the court found a plaintiff husband seeking dissolution can amend his complaint filed before the effective date of the no-fault law to take advantage of no-fault law provisions. The plaintiff's initial complaint alleging cruel and inhuman treatment was filed in September 2009; the no-fault law became effective in October 2010. Pursuant to the no-fault law, the plaintiff added the new grounds of abandonment and irretrievably broken marriage.
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