No Time Limit is Applicable on No-Fault Divorce: NY Fourth Department

06/12/12

On Friday, the

Appellate Division, Fourth Department of New York

, held that while the statute of limitations in the states ‘no-fault’ law is technically five years, a new cause of action is born each day that a spouse is “imprisoned” in a marriage. Consequently, a person seeking a

no-fault divorce in New York

, should be allowed to file a suit at any time once the marriage has broken down irretrievably, and the statutory wait period of six months is over from that point of time when the marriage breaks down.

Writing for the four-judge panel, Justice Stephen Lindley said, “Like a spouse serving a life sentence, an irretrievable breakdown in a married couple's relationship is a continuing state of affairs that, by definition, will not change.” He further added, “A contrary ruling would force a spouse such as plaintiff to unwillingly remain in a dead marriage.”

All in the last week in the last month in the last 3 months in the last 6 months in the last year

Search Career Advice

The instant case before the court involved Patricia and Kenneth Tuper of Syracuse who were married in 1973, but separated in 1996. Patricia filed for a divorce on the year of the couple’s separation but her petition was dismissed by a judge who found that she failed to establish the grounds for divorce.

• Search Legal Jobs
• Search Articles
• Employer Listing

United States

Search jobs

All in the last week in the last month in the last 3 months in the last 6 months in the last year

Search Career Advice

Select In-House Law Firms Government Recruiters Public Interest

Search Employer

In 2010, New York adopted the no-fault divorce law, the last state to do so. Patricia filed a new action for divorce in February 2011. Her husband, Kenneth Tuper moved to have her petition dismissed, but Acting State Supreme Court Justice William Kocher denied dismissal of the complaint. On Friday, the Fourth Department affirmed, rejecting Kenneth Tuper’s argument that the no-fault law was applicable only to couples whose marriage had broken down within the past five years.

Justice Lindley wrote on Kenneth Tuper’s contention: “That is inconsistent with the general intent of the legislature in enacting the no-fault statute, which was to enable parties to legally end a marriage which is, in reality, already over and cannot be salvaged.”

The case is Patricia Tuper v. Kenneth Tuper, New York State Supreme Court, Appellate Division, Fourth Department No 446.