In Johnston v Johnston, — N.Y.S.3d
—-, 2017 WL 6519486, 2017 N.Y. Slip Op. 08923 (3d Dept., 2017) Plaintiff
(hereinafter the spouse) and defendant (hereinafter the husband) have been married in
September 1989 and had two kids (born in 1991 and 1995). In April 2014, the
spouse commenced the motion.
The
Appellate Division held that the husband’s sworn testimony that his marriage to
the spouse had irretrievably damaged down for a interval of no less than six months was
enough to ascertain, as a matter of legislation, his reason for motion for divorce
pursuant to Home Relations Regulation § 170(7). Having decided that the husband
established irretrievable breakdown pursuant to Home Relations Regulation §
170(7), Supreme Courtroom was below no obligation to grant the spouse a judgment of
divorce on the bottom of adultery or constructive abandonment (see Hoffer–Adou
v. Adou, 121 A.D.3d at 619, 997 N.Y.S.second 7)
