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Court Will Conduct Joint Trial of No-Fault and Grounds Divorce Actions

By Janice G. Inman
February 28, 2011

A Long Island court has answered a question raised last year after New York finally joined the other 49 states in permitting no-fault divorce: What would become of pending fault-based divorce actions? Would the fault-based divorce suit become moot, would it interfere with the filing of a no-fault suit, or would it somehow proceed in tandem with the no-fault divorce action?

In A.C. v. D.R., 202115-2010 and D.R.C. v. A.C., 203033-2010, Justice Anthony Falanga of Nassau County Supreme Court concluded that a wife's later-filed no-fault divorce action could proceed, as could her husband's, and that her suit did not have to be consolidated with her husband's fault-based action, as he had requested.

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