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Court Orders Trial to Consider State of Marriage Under No-Fault

By Daniel Wise
February 28, 2011

An upstate judge has become the second to rule that a trial is required if a party disputes the factual underpinnings of a claim under the state's new no-fault divorce law, a measure aimed in part at eliminating the need for lengthy and expensive legal proceedings in contested divorces. Essex County Justice Robert J. Muller ruled on Feb. 1 that an “immediate trial” was required to resolve whether a 47-year marriage has “broken down irretrievably,” as is specified in the language of the no-fault statute, Domestic Relations Law ' 170(7), which took effect in October.

Justice Muller's ruling in Strack v. Strack, 841/10, follows the Jan. 26 short-form order of Brooklyn Justice Eric I. Prus requiring a trial in Stroffolino v. Stroffolino, 55910/10. That case had been appealed to the Appellate Division, Second Department, said Patricia A. Fersch, who represents the wife in Stroffolino.

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