In New York State no fault divorce became effective on October 12, 2010. The matrimonial legislation requires that one party declare the marriage has been irretrievably broken for a period of six months and the marriage may then be dissolved.

Before the divorce can be granted, all other issues of the marriage, such as custody, visitation and equitable distribution must be resolved.

The statute is controversial in that Supreme Court trial level courts are split whether a plaintiff's self serving declaration about his or her state of mind is all that is required to terminate the marriage. The question is whether a divorce action based upon irretrievable breakdown can be opposed.

A survey of different courts in different counties of our state indicates that Judges have different opinions if the marriage can be terminated by one person's statement, without the offering of any proof to evidence the breakdown.

In Nassau County, Justices Falanga (A.C v. D.R. 3/28/11), Bruno (Townes v. Coker 2/8/12) and Palmieri (Vahey v. Vahey 3/3/12) have all agreed that the cause of action for divorce is established by one person's statement and the other party does not have a right to oppose it.

In Monroe County Justice Dollinger (Palermo v. Palermo 10/20/11) also held there is no defense to a claim that the marriage has been irretrievable broken.

The following Courts and Justices though have a different opinion and have held that the defendant has a right to put forth a defense to the plaintiff's claim that the marriage is irretrievable broken: