• 05
  • February
    2012

A Suffolk County Supreme Court Justice recently granted a no-fault divorce to a 79-year-old Long Island, New York, woman, even though her husband did not want the divorce.

Writers for the New York Law Journal say they believe it is the first time the no-fault law has been used in a contested divorce.

Up until 2010, New York spouses were required to have a reason for filing for divorce, such as abandonment, adultery or cruelty. State legislators began allowing no-fault divorce in 2010 hoping that it would allow couples to end their marriage without inventing reasons for the divorce.

The law only requires one spouse to claim that, for more than six months, the marriage has been "irretrievably broken" under the no-fault provision. However, it has mostly been used for friendly break-ups where neither spouse contests the split until now.

The 79-year-old woman said her 56-year marriage was irretrievably broken, according to court documents. She testified that she had not had marital relations with her husband for more than five years and that they sleep in separate bedrooms.

The woman also said she does not spend holidays with her husband. She added he does not have a relationship with their four children.

In addition, the woman testified her husband has not taken her to her doctor's appointments for the past five years, even though she is in poor medical condition.

The woman's husband testified he worked hard for their joint holdings, and did not want to lose half of his money in a divorce.

The judge agreed the couple's relationship was irretrievably broken and granted the woman an absolute divorce.

The woman is thrilled with the judge's ruling, the woman's daughter said.

Source: The New York Post, "First no-fault divorce granted," Erin Calabrese, Jan. 26, 2012