New York Divorce Ruling Delayed for Proposed No-Fault Divorce Law
Earlier this week, a Nassau divorce judge made an unusual move when he refused to rule on a disputed divorce case until state legislators act on a proposed no-fault divorce law. Specifically, a Newsday.com story detailed how Judge Robert A. Ross criticized New York as being the only state in the country without a no-fault divorce law, which allows a divorce to be granted based on one party’s assertion that the marriage has broken down. Current New York divorce law says that one party must blame the other by using one of several “fault” grounds, and if this does not happen, both sides must agree to a complicated separation agreement and live apart for at least one year.
Ross sent a message about his disdain for the current New York divorce law and need for the state legislature to pass the no-fault bill when he held off from ruling on the pending divorce between Jeffrey and Paula Molinari. Jeffrey Molinari is seeking a divorce from his wife based on the ground of “constructive abandonment,” or the refusal of one spouse to have sex with the other for at least a year. The story said that “constructive abandonment” is one of the most commonly used grounds for divorce and added how Ross said that Jeffrey Molinari would have been able to get a divorce judgment in 49 states.
In his decision, Ross reserved the right to decide later on this divorce case if the state legislature does not act on the no-fault divorce bill, which is pending before the judiciary committee. Assemblywoman Helene Weinstein sponsored this year’s proposed New York divorce law and did not return a call from the newspaper seeking comment. Ross added that other issues in the case, including financial disputes, would move forward.
Legal experts called Ross’ decision surprising but not unheard of. One legal expert in the story specifically noted how other judges have commented about the need for New York no-fault divorce legislation in their written decisions. Ken Koopersmith, the divorce lawyer for Jeffrey Molinari, applauded Ross’ decision and claimed that his client’s wife is contesting the divorce for more money. Dominic Barbara, the lawyer for Paula Molinari, did not return calls from the paper seeking comment. We’ll keep you updated on this unusual pending divorce and any other developments with the proposed New York no-fault divorce law.
