Jury says battling couple can't divorce.

[LiberalHeart]

This story makes me sooo happy I didn't live in New York when I divorced. NY requires proof of wrong-doing on the part of one party to the marriage before a divorce will be granted. Imagine being in a position where a jury -- strangers! -- can determine whether you have to stay married. I didn't know laws like that still existed.

http://newsgrinder.blogspot.com/2007/03/jury-says-battling-couple-cant-divorce.html

[aquart]

1. No, our laws have changed. This has to be about something else.

[Warpy]

3. It's about the real estate.

They both want it. Neither will leave and both have an equal right to it.

I don't get it, unless they spent a lot of time and money completely renovating it. Still, getting the equity at fair market value would allow one of them to move into something even better.

Then again, I've never understood spite.

[LiberalHeart]

6. More links where added to the story I posted ...it's more than real estate.

Looks like she's accusing him of being violent and he's fighting the divorce -- saying she's a gold digger and he doesn't want his good name sullied by these charges.

[northzax]

2. no, New York has a variant of 'no-fault'

the catch here, I think, is that neither will leave their home, and there is a mandated 1 year separation period for no-fault, so she claimed abuse to avoid the separation (they built a wall in their house to separate themselves, but I guess that isn't enough) and the jury ruled that there was no abuse, therefore no divorce. if she wants a divorce, she can simply move out, file for separation and in a year it is automatic.

There are six grounds for divorce in NY State:

1: incarceration of one party for three or more years after the marriage.
2: physical or mental cruelty (the case in question here)
3: adultery
4: abandonment (for at least one year)
5: after separation (contested) after you legally separate (only one party needs to file) if the filing party has fufilled the obligations of the court, then it is irrelevant if the other party contests.
6: no-fault conversion (after separation) the two parties agree to a separation and agree to the divorce after at least one year has passed.

[ComerPerro]

4. sounds like "The Breakup", neither wants to move out.

But you really need to stop getting your news from blogs, you miss a lot of the details.

Sounds like this couple needs some serious counseling, because these two sound very immature

[TahitiNut]

5. I was divorced in NYS in the early 80s.

It was "equitable distrubution" and "irreconcilable differences" (we had incompatible sleeping habits - she slept with other men).

[liberalEd]

7. Oh dear

That's gotta be almost as bad as snoring. :)

[LiberalHeart]

8. I think the problem arises when it's contested. Then someone has to prove the fault.

Sorry about those sleeping habits. Damn, that's a bummer.

[TahitiNut]

11. Yep. It was a bummer. Had me clinically depressed.

I couldn't sleep without nightmares that brought back 'Nam, my return from 'Nam, and all kinds of psycho shit. It was the "dark side" without question ... fellating the 12 gauge, even. Close call. There ain't a lot of support out there for a cuckold. Not at all.

[LiberalHeart]

12. Oh my god, so sorry that happened to you.

I was one of the lucky ones. My ex and I just wanted out, no third parties, no fights. Just an inability to be happy in the city of the other's choice. He loves a big city (needs it, in fact) and I need to get away from the crowds. Too bad we didn't know that at the start, but we didn't.

[Firespirit]

9. This is when you have a one-night stand.

That would be grounds.

I'm surprised that neither one of them has thought of doing this. And technically they wouldn't even have to do it -- they could just rope in a friend and claim in court to have done it.

[LiberalHeart]

10. It's not that easy. The hubby's fighting the divorce.