First No-Fault Divorce Trial- The Results Are In

Acting Supreme Court Justice James F. Quinn in Suffolk County has ruled in connection with what was apparently the first trial of a contested no-fault divorce in New York. While the state’s 2010 no-fault divorce law was intended to reduce lengthy litigation, the Court held in Sorrentino v. Sorrentino, 13315/11, that Mrs. Sorrentino was not entitled to a divorce from her husband solely on her word alone. Significantly, Justice Quinn wrote in his decision that the Legislature’s approval of the no-fault option did not necessarily settle the issue raised when only one party wants a divorce. He wrote;

“It is interesting to note that the legislature wanted to create a no-fault provision, but maintained all six other grounds for divorce in the statute,” . . . “It appears that New York is a quasi-no-fault state based upon the availability of grounds, and no-fault provisions.”

What this means for the future is anyone’s guess.