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Absence of No-Fault Divorce Encourages Perjury, Judge Says

By Noeleen G. Walder

Calling New York's failure to institute no-fault divorce “inexcusable,” a Manhattan judge has concluded that a husband should not be held liable for perjury for claiming he had not had sex with his wife for more than a year, during which time she gave birth. “[T]he question of whether plaintiff embellished the truth or even told outright lies in order to obtain the parties' uncontested divorce strikes me as far less important than resolving the issue” of parentage, which is in the child's best interests, Acting Supreme Court Justice Matthew F. Cooper wrote in ordering a paternity test.

“It is clearly time for the Empire State, as it is known, to reject a view of marriage that is more reflective of the time of the Empire of Queen Victoria than it is of the second decade of the 21st Century and at long last adopt the reforms that bar associations and citizen groups of all kinds have been demanding for years,” Justice Cooper wrote in Andrew T. v. Yana T., 310049/07.

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