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The New York judiciary has taken what can be seen as an extraordinarily activist position in an attempt to urge the legislature to change its position on the grounds for divorce in New York, the only state that still requires grounds for divorce. A trial judge has decided to withhold his ruling in a divorce case in the hope that the state legislature will soon pass a bill adding irreconcilable differences as no-fault grounds for divorce in New York state.
Molinari v. Molinari
Nassau County Supreme Court Justice Robert A. Ross wrote in Molinari v. Molinari, No. 201728-05, that he was making his unusual determination because passage of a no-fault divorce bill by the Legislature appears impending. Legislators indicated, however, that approval of such a bill was a long shot this year and said they could not recall a judge ever withholding or staying a ruling pending passage of a measure by the legislature.
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