In Johnston v Johnston, --- N.Y.S.3d
----, 2017 WL 6519486, 2017 N.Y. Slip Op. 08923 (3d Dept., 2017) Plaintiff
(hereinafter the wife) and defendant (hereinafter the husband) were married in
September 1989 and had two children (born in 1991 and 1995). In April 2014, the
wife commenced the action.
The
Appellate Division held that the husband’s sworn testimony that his marriage to
the wife had irretrievably broken down for a period of at least six months was
sufficient to establish, as a matter of law, his cause of action for divorce
pursuant to Domestic Relations Law § 170(7). Having determined that the husband
established irretrievable breakdown pursuant to Domestic Relations Law §
170(7), Supreme Court was under no obligation to grant the wife a judgment of
divorce on the ground of adultery or constructive abandonment (see Hoffer–Adou
v. Adou, 121 A.D.3d at 619, 997 N.Y.S.2d 7)
No comments:
Post a Comment