Molinari v. Molinari
839 N.Y.S.2d 434 (Sup. Ct. N.Y. 2007)
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Holding & Decision
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Nature Of The Case
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Facts
H petitioned for divorce from W. New York was the only state that did not provide for no-fault divorces. H alleged constructive abandonment as a ground for fault. There was no written separation agreement, and H presented his case. H and W had lived apart for one or more years. The statute provides that constructive abandonment is a ground for divorce if H and W had lived separate and apart pursuant to a separation agreement.
Issues
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Legal Analysis
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