Faculty Andrew Schepard, Professor of Law and Director of the Center for Children, Families and the Law

Published on March 16, 2011 | by LawNews

Prof. Andrew Schepard Co-Authors Letter Responding to Recent No-Fault Divorce Law

Jurisdiction, Due Process and No-Fault Divorce

By Elliott Scheinberg, Sondra Miller and Andrew Schepard

New York Law Journal

March 14, 2011

 

Excerpt:

The recently enacted no-fault divorce law, Domestic Relations Law §170[7] provides a new ground for divorce: “The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.”

In “No-Fault Divorce and Due Process,” (March 3), Timothy Tippins differed on the position held by the authors of this letter, in particular those expressed in “No-Fault—Clear and Simple,” by Sondra Miller (Dec. 3, 2010) and “No-Fault Divorce, Defenses, Pleadings, Independent Actions,” by Elliott Scheinberg, (Nov. 30, 2010), that pursuant to the plain language of the statute, compliance with the new no-fault divorce law requires no more than the statutory assertion by one party under oath; no further judicial inquiry or fact finding is required, irrespective of the other spouse’s protests regarding the happy state of the marriage.

Read the full letter at law.com.

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