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Judge Delays Ruling
Many New Yorkers have for some time been frustrated by the fact that this remains the only state in the union lacking any form of no-fault divorce. Last year, the matrimonial commission appointed by Chief Judge Judith S. Kaye concluded that 'fault allegations and fault trials add significantly to the cost, delay and trauma of matrimonial litigation.' Still, little progress has been made by those seeking to change this state of affairs.
In mid-April, Justice Robert A. Ross of Supreme Court, Nassau County took his own aggravation with the problem to the next level. He announced that he would delay a ruling on the fault basis of a couple's divorce until such time as the New York State Legislature passes legislation to provide for no-fault divorce. Molinari v. Molinari, Slip Copy, 2007 WL 1119894 (Table) (N.Y.Sup., 4/16/07). He did, however, also retain jurisdiction over the case, saying that he would issue a more definitive ruling on the fault issue if the legislature does not act soon. In the meantime, discovery of the couple's financial matters will go forward. The judge's move is thus largely symbolic, but it puts a renewed spotlight on the issue of no-fault divorce, a subject that has for years divided advocates for more economical access to the legal system, legislators, attorneys, and women's groups, among others.
The Case
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