One spouse’s affidavit that a marriage is irretrievably broken is all that is needed to terminate a union under New York’s new no-fault divorce law, whether or not the other spouse objects, a state judge has ruled.
“Although this may seem harsh to a defendant spouse who does not view the state of the marriage the same way as the plaintiff, actions for divorces are entirely statutory,” Nassau County Supreme Court Justice Daniel Palmieri (See Profile) ruled in Vahey v. Vahey, 200434/11. “Courts are bound to follow the scheme enacted by the Legislature, without adding or deleting requirements to conform to judicial notions of fairness.”
