section 170(6) conversion divorce (New York) · Go Syfert
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section 170(6) conversion divorce in New York

30 New York opinions name it 3 courts 1987–2024 3 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (18)

CaseFollowedCited
Hoffer-Adou v. Adougreen
nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2017–2024
2 sentences

2024Contrary to the defendant's further contention, "the opposing spouse in a no fault divorce action pursuant to Domestic Relations Law § 170(7) is not entitled to litigate the other spouse's sworn statement that the relationship has broken down irretrievably for a period of at least six months" ( Trbovich v Trbovich , 122 AD3d 1381, 1382 ; see Johnston v Johnston , 156 AD3d 1181, 1182 ; Matter of Motta v Motta , 145 AD3d 560, 561 ; Hoffer-Adou v Adou , 121 AD3d 618, 619 ; Palermo v Palermo , 100 AD3d 1453, 1453 ). "[M]aintenance is a support payment awarded to assist the less affluent spouse in

2017With respect to the grounds for divorce, the husband’s sworn testimony that his marriage to the wife had irretrievably broken down for a period of at least six months was sufficient to establish, as a matter of law, his cause of action for divorce pursuant to Domestic Relations Law § 170 (7) (see Matter of Motta v Motta, 145 AD3d 560, 561 [2016]; Gonzalez v Garcia, 134 AD3d 989, 990 [2015]; Hoffer-Adou v Adou, 121 AD3d 618, 619 [2014]).

23
Rinzler v. Rinzlergreen
nyappdiv · 2012 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Rinzler v Rinzler, 97 AD3d 215, 218 [2012]; A.C. v D.R., 32 Misc. 3d 293, 306 [2011]).

2014Rinzler v Rinzler, 97 AD3d 215, 218 [2012]; A.C. v D.R., 32 Misc. 3d 293, 306 [2011]).

23
A.C. v. D.R.green
nysupct · 2011 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Rinzler v Rinzler, 97 AD3d 215, 218 [2012]; A.C. v D.R., 32 Misc. 3d 293, 306 [2011]).

2014Rinzler v Rinzler, 97 AD3d 215, 218 [2012]; A.C. v D.R., 32 Misc. 3d 293, 306 [2011]).

23
Christian v. Christiangreen
ny · 1977 · cited in 5 New York opinions naming this issue, 1987–2009
2 sentences

2009Thus, it is the physical separation of the parties, not the written agreement, that supplies the ground for a divorce pursuant to Domestic Relations Law § 170 (6) (see Christian v Christian, 42 NY2d 63, 69 [1977]; Littlejohns v Littlejohns, 76 Misc 2d 82, 86 [1972], affd on op of Korn, J., 42 AD2d 957 [1973]).

1991Plaintiff contends that the holding of this court in the appeal from the judgment of divorce addressed the issue of defendant’s substantial compliance with the separation agreement only in the context of entitlement to a divorce pursuant to Domestic Relations Law § 170 (6) (see, Christian v Christian, 42 NY2d 63, 69 ).

15
Matter of Motta v. Mottagreen
nyappdiv · 2016 · cited in 2 New York opinions naming this issue, 2017–2024
2 sentences

2024Contrary to the defendant's further contention, "the opposing spouse in a no fault divorce action pursuant to Domestic Relations Law § 170(7) is not entitled to litigate the other spouse's sworn statement that the relationship has broken down irretrievably for a period of at least six months" ( Trbovich v Trbovich , 122 AD3d 1381, 1382 ; see Johnston v Johnston , 156 AD3d 1181, 1182 ; Matter of Motta v Motta , 145 AD3d 560, 561 ; Hoffer-Adou v Adou , 121 AD3d 618, 619 ; Palermo v Palermo , 100 AD3d 1453, 1453 ). "[M]aintenance is a support payment awarded to assist the less affluent spouse in

2017With respect to the grounds for divorce, the husband’s sworn testimony that his marriage to the wife had irretrievably broken down for a period of at least six months was sufficient to establish, as a matter of law, his cause of action for divorce pursuant to Domestic Relations Law § 170 (7) (see Matter of Motta v Motta, 145 AD3d 560, 561 [2016]; Gonzalez v Garcia, 134 AD3d 989, 990 [2015]; Hoffer-Adou v Adou, 121 AD3d 618, 619 [2014]).

12
Johnston v. Johnstongreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2024–2024
1 sentence

2024Contrary to the defendant's further contention, "the opposing spouse in a no fault divorce action pursuant to Domestic Relations Law § 170(7) is not entitled to litigate the other spouse's sworn statement that the relationship has broken down irretrievably for a period of at least six months" ( Trbovich v Trbovich , 122 AD3d 1381, 1382 ; see Johnston v Johnston , 156 AD3d 1181, 1182 ; Matter of Motta v Motta , 145 AD3d 560, 561 ; Hoffer-Adou v Adou , 121 AD3d 618, 619 ; Palermo v Palermo , 100 AD3d 1453, 1453 ). "[M]aintenance is a support payment awarded to assist the less affluent spouse in

11
Gonzalez v. Garciagreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017With respect to the grounds for divorce, the husband’s sworn testimony that his marriage to the wife had irretrievably broken down for a period of at least six months was sufficient to establish, as a matter of law, his cause of action for divorce pursuant to Domestic Relations Law § 170 (7) (see Matter of Motta v Motta, 145 AD3d 560, 561 [2016]; Gonzalez v Garcia, 134 AD3d 989, 990 [2015]; Hoffer-Adou v Adou, 121 AD3d 618, 619 [2014]).

11
TUPER, PATRICIA P. v. TUPER, KENNETH E.green
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015And similar to the majority of courts on the issue of grounds trials, all of these courts held that extensive pleadings were not required in cases brought pursuant to Domestic Relations Law § 170 (7) (Taper, 98 AD3d at 57 [“Because a cause of action for divorce under Domestic Relations Law § 170 (7) does not require a showing of any ‘misconduct’ by either party, the requirements of CPLR 3016 (c) are inapplicable”]).

11
Townes v. Cokergreen
nysupct · 2012 · cited in 1 New York opinions naming this issue, 2014–2014
1 sentence

2014Contrary to the husband’s contention, the wife was entitled to a judgment of divorce under the no-fault provision of Domestic Relations Law § 170 (7), since her statement under oath that the marriage was irretrievably broken for a period of six months was sufficient to establish her cause of action for divorce as a matter of law (see Townes v Coker, 35 Misc 3d 543, 547 [Sup Ct, Nassau County 2012]).

11
Leon v. Martinezgreen
ny · 1994 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012In any event, even assuming, arguendo, that a plaintiff seeking a divorce under the no-fault statute is required to plead facts sufficient to demonstrate that the marriage is broken down irretrievably rather than simply allege as much in conclusory terms (see generally CPLR 3211 [a] [7]; Goldin v Engineers Country Club, 54 AD3d 658, 659-660 [2008], lv dismissed in part and denied in part 13 NY3d 763 [2009]), we note that “ ‘[i]n assessing a motion under CPLR 3211 (a) (7) ... a court may freely consider affidavits ... to remedy any defects in the complaint’ ” (Parker v Leonard, 24 AD3d 1255 , 1

11
Goldin v. Engineers Country Clubgreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012In any event, even assuming, arguendo, that a plaintiff seeking a divorce under the no-fault statute is required to plead facts sufficient to demonstrate that the marriage is broken down irretrievably rather than simply allege as much in conclusory terms (see generally CPLR 3211 [a] [7]; Goldin v Engineers Country Club, 54 AD3d 658, 659-660 [2008], lv dismissed in part and denied in part 13 NY3d 763 [2009]), we note that “ ‘[i]n assessing a motion under CPLR 3211 (a) (7) ... a court may freely consider affidavits ... to remedy any defects in the complaint’ ” (Parker v Leonard, 24 AD3d 1255 , 1

11
Thomas v. Thomasgreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012In any event, even assuming, arguendo, that a plaintiff seeking a divorce under the no-fault statute is required to plead facts sufficient to demonstrate that the marriage is broken down irretrievably rather than simply allege as much in conclusory terms (see generally CPLR 3211 [a] [7]; Goldin v Engineers Country Club, 54 AD3d 658, 659-660 [2008], lv dismissed in part and denied in part 13 NY3d 763 [2009]), we note that “ ‘[i]n assessing a motion under CPLR 3211 (a) (7) ... a court may freely consider affidavits ... to remedy any defects in the complaint’ ” (Parker v Leonard, 24 AD3d 1255 , 1

11
Rovello v. Orofino Realty Co.green
ny · 1976 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012In any event, even assuming, arguendo, that a plaintiff seeking a divorce under the no-fault statute is required to plead facts sufficient to demonstrate that the marriage is broken down irretrievably rather than simply allege as much in conclusory terms (see generally CPLR 3211 [a] [7]; Goldin v Engineers Country Club, 54 AD3d 658, 659-660 [2008], lv dismissed in part and denied in part 13 NY3d 763 [2009]), we note that “ ‘[i]n assessing a motion under CPLR 3211 (a) (7) ... a court may freely consider affidavits ... to remedy any defects in the complaint’ ” (Parker v Leonard, 24 AD3d 1255 , 1

11
Stone v. Stonegreen
nyappdiv · 1974 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010A stipulation entered into by the parties in April 2004 is not a separation agreement within the meaning of Domestic Relations Law § 170 (6) for the purpose of awarding the defendant a conversion divorce, as it contains affirmative language that its purpose was to settle certain issues pendente lite (see Sint v Sint, 225 AD2d 606, 607 [1996]; Frasca v Frasca, 213 AD2d 589, 590 [1995]; Stone v Stone, 45 AD2d 967, 968 [1974]).

11
Frasca v. Frascagreen
nyappdiv · 1995 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010A stipulation entered into by the parties in April 2004 is not a separation agreement within the meaning of Domestic Relations Law § 170 (6) for the purpose of awarding the defendant a conversion divorce, as it contains affirmative language that its purpose was to settle certain issues pendente lite (see Sint v Sint, 225 AD2d 606, 607 [1996]; Frasca v Frasca, 213 AD2d 589, 590 [1995]; Stone v Stone, 45 AD2d 967, 968 [1974]).

11
Sint v. Sintgreen
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 2010–2010
1 sentence

2010A stipulation entered into by the parties in April 2004 is not a separation agreement within the meaning of Domestic Relations Law § 170 (6) for the purpose of awarding the defendant a conversion divorce, as it contains affirmative language that its purpose was to settle certain issues pendente lite (see Sint v Sint, 225 AD2d 606, 607 [1996]; Frasca v Frasca, 213 AD2d 589, 590 [1995]; Stone v Stone, 45 AD2d 967, 968 [1974]).

11
Littlejohns v. Littlejohnsgreen
nysupct · 1972 · cited in 1 New York opinions naming this issue, 2009–2009
1 sentence

2009Thus, it is the physical separation of the parties, not the written agreement, that supplies the ground for a divorce pursuant to Domestic Relations Law § 170 (6) (see Christian v Christian, 42 NY2d 63, 69 [1977]; Littlejohns v Littlejohns, 76 Misc 2d 82, 86 [1972], affd on op of Korn, J., 42 AD2d 957 [1973]).

11
Seligman v. Seligmangreen
nysupct · 1974 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Seligman v Seligman at 635; Hummel v Hummel at 599; Taft v Taft at 445 ; Jessup v LaBonte at 295 .) Thus, even though a part of a separation agreement is declared void, the separation agreement still retains vitality as a basis for dissolution of the marriage.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (34)

CaseCitedYears
PALERMO, CHRISTINE L. v. PALERMO, JOSEPH A. neutral
nyappdiv · 2012
2 sentences

2024Contrary to the defendant's further contention, "the opposing spouse in a no fault divorce action pursuant to Domestic Relations Law § 170(7) is not entitled to litigate the other spouse's sworn statement that the relationship has broken down irretrievably for a period of at least six months" ( Trbovich v Trbovich , 122 AD3d 1381, 1382 ; see Johnston v Johnston , 156 AD3d 1181, 1182 ; Matter of Motta v Motta , 145 AD3d 560, 561 ; Hoffer-Adou v Adou , 121 AD3d 618, 619 ; Palermo v Palermo , 100 AD3d 1453, 1453 ). "[M]aintenance is a support payment awarded to assist the less affluent spouse in

2014We agree with plaintiff that the opposing spouse in a no-fault divorce action pursuant to Domestic Relations Law § 170 (7) is not entitled to litigate the other spouse’s sworn statement that the relationship has broken down irretrievably for a period of at least six months (see Palermo v Palermo, 35 Misc. 3d 1211[A] , 2011 NY Slip Op 52506[U] , *15 [2011], affd for reasons stated 100 AD3d 1453 [2012]; see e.g.

42014–2024
Brady v. Brady green
ny · 1985
2 sentences

2001(Brady v Brady, 64 NY2d 339 ; Doyle v Doyle, 214 AD2d 918 ; Walczak v Walczak, 206 AD2d 900 ; Biegeleisen v Biegeleisen, 253 AD2d 474 .) Defendant’s motion for summary judgment granting her a “conversion” divorce pursuant to Domestic Relations Law § 170 (6) is granted.

1997A plaintiff seeking a divorce pursuant to Domestic Relations Law § 170 (1) “must show serious misconduct, and not mere incompatibility” (Brady v Brady, 64 NY2d 339, 343 ).

31994–2001
Kahn v. Kahn green
ny · 1977
2 sentences

2024Once again recalling Kahn , "anything that terminates the legal fiction of the unity of two separate persons ought to have an effect upon the estate [i.e., the tenancy by the entirety] whose creation depended upon such unity." Kahn, 43 NY2d at 207 .

2024Once again recalling Kahn , "anything that terminates the legal fiction of the unity of two separate persons ought to have an effect upon the estate [i.e., the tenancy by the entirety] whose creation depended upon such unity." Kahn, 43 NY2d at 207 .

22024–2024
Gleason v. Gleason green
ny · 1970
2 sentences

2009All that a party seeking a divorce pursuant to Domestic Relations Law § 170 (6) must prove “is that there is some kind of formal document of separation” (Gleason, 26 NY2d at 37 ).

2009Indeed, the written agreement “is simply intended as evidence of the authenticity and reality of the separation” (Gleason, 26 NY2d at 35 ; see Christian, 42 NY2d at 69 ; Harris v Harris, 36 AD2d 594 [1971]).

22002–2009
Elwood v. Elwood neutral
nyappdiv · 1976
2 sentences

2002For a separation agreement to be a valid predicate for a conversion divorce pursuant to Domestic Relations Law § 170 (6), the parties thereto must actually have separated before executing the agreement, or the separation must immediately follow the execution (see Matter of Wilson, 66 AD2d 893 , affd 50 NY2d 59 ; Elwood v Elwood, 51 AD2d 1090 ).

1987The evidence adduced at trial indicates that the separation agreement, as amended, was made in contemplation of an immediate separation and in fact was followed by an immediate separation and is therefore valid (see, LaMontagne v LaMontagne, supra; cf., Elwood v Elwood, 51 AD2d 1090 ).

21987–2002
Angeloff v. Angeloff green
ny · 1982
2 sentences

1994Although a separation agreement which is void ab initio due to fraud, duress or incapacity cannot serve as the basis for a conversion divorce under Domestic Relations Law § 170 (6) (see, Angeloff v Angeloff, 56 NY2d 982 ; Howard v Howard, 134 AD2d 571 ), such is not the case here.

1987The plaintiff has alleged that the agreement was void on the basis of fraud, duress and incapacity, which, if found to be true at the trial, would preclude the entry of summary judgment awarding the conversion divorce pursuant to Domestic Relations Law § 170 (6) (Angeloff v Angeloff, 56 NY2d 982 ; Weinstock v Weinstock, 122 AD2d 790 ; Davidoff v Davidoff, 93 AD2d 805 ).

21987–1994
Trbovich v. Trbovich green
nyappdiv · 2014
1 sentence

2024Contrary to the defendant's further contention, "the opposing spouse in a no fault divorce action pursuant to Domestic Relations Law § 170(7) is not entitled to litigate the other spouse's sworn statement that the relationship has broken down irretrievably for a period of at least six months" ( Trbovich v Trbovich , 122 AD3d 1381, 1382 ; see Johnston v Johnston , 156 AD3d 1181, 1182 ; Matter of Motta v Motta , 145 AD3d 560, 561 ; Hoffer-Adou v Adou , 121 AD3d 618, 619 ; Palermo v Palermo , 100 AD3d 1453, 1453 ). "[M]aintenance is a support payment awarded to assist the less affluent spouse in

12024–2024
Parker v. Leonard green
nyappdiv · 2005
1 sentence

2012In any event, even assuming, arguendo, that a plaintiff seeking a divorce under the no-fault statute is required to plead facts sufficient to demonstrate that the marriage is broken down irretrievably rather than simply allege as much in conclusory terms (see generally CPLR 3211 [a] [7]; Goldin v Engineers Country Club, 54 AD3d 658, 659-660 [2008], lv dismissed in part and denied in part 13 NY3d 763 [2009]), we note that “ ‘[i]n assessing a motion under CPLR 3211 (a) (7) ... a court may freely consider affidavits ... to remedy any defects in the complaint’ ” (Parker v Leonard, 24 AD3d 1255 , 1

12012–2012
Goldin v. ENGINEERS COUNTRY CLUB neutral
ny · 2009
1 sentence

2012In any event, even assuming, arguendo, that a plaintiff seeking a divorce under the no-fault statute is required to plead facts sufficient to demonstrate that the marriage is broken down irretrievably rather than simply allege as much in conclusory terms (see generally CPLR 3211 [a] [7]; Goldin v Engineers Country Club, 54 AD3d 658, 659-660 [2008], lv dismissed in part and denied in part 13 NY3d 763 [2009]), we note that “ ‘[i]n assessing a motion under CPLR 3211 (a) (7) ... a court may freely consider affidavits ... to remedy any defects in the complaint’ ” (Parker v Leonard, 24 AD3d 1255 , 1

12012–2012
Harris v. Harris neutral
nyappdiv · 1971
1 sentence

2009Indeed, the written agreement “is simply intended as evidence of the authenticity and reality of the separation” (Gleason, 26 NY2d at 35 ; see Christian, 42 NY2d at 69 ; Harris v Harris, 36 AD2d 594 [1971]).

12009–2009
Littlejohns v. Littlejohns neutral
nyappdiv · 1973
1 sentence

2009Thus, it is the physical separation of the parties, not the written agreement, that supplies the ground for a divorce pursuant to Domestic Relations Law § 170 (6) (see Christian v Christian, 42 NY2d 63, 69 [1977]; Littlejohns v Littlejohns, 76 Misc 2d 82, 86 [1972], affd on op of Korn, J., 42 AD2d 957 [1973]).

12009–2009
Matisoff v. Dobi green
ny · 1997
1 sentence

2004While the formality of a proper acknowledgment may be essential to the validity and enforcement of separation agreements (see, Matisoff, supra at 133-136 ), under the circumstances of this case, the defect should not bar the parties from obtaining a judgment of divorce pursuant to Domestic Relations Law § 170 (6).

12004–2004
Klein v. Klein green
nyappdiv · 1998
12002–2002
In re the Estate of Wilson green
nyappdiv · 1978
12002–2002
Rose v. Rose green
nysupct · 1995
12002–2002
Costa v. Costa green
nyappdiv · 1993
12002–2002
In Re the Estate of Wilson green
ny · 1980
12002–2002
Biegeleisen v. Biegeleisen green
nyappdiv · 1998
12001–2001
Walczak v. WalcZak green
nyappdiv · 1994
12001–2001
Doyle v. Doyle green
nyappdiv · 1995
12001–2001
O'Brien v. O'Brien green
ny · 1985
12000–2000
Blickstein v. Blickstein green
nyappdiv · 1984
12000–2000
Hessen v. Hessen green
ny · 1974
11998–1998
Hirschhorn v. Hirschhorn green
nyappdiv · 1993
11997–1997
Martin v. Martin green
nyappdiv · 1996
11997–1997
Tsakis v. Tsakis green
nyappdiv · 1985
11994–1994
Meyn v. Meyn neutral
nyappdiv · 1986
11994–1994
Howard v. Howard neutral
nyappdiv · 1987
11994–1994
Wiecek v. Wiecek neutral
nyappdiv · 1984
11989–1989
Zuckerman v. City of New York green
ny · 1980
11988–1988
LaMontagne v. LaMontagne neutral
nyappdiv · 1933
11987–1987
Rado v. Rado neutral
nyappdiv · 1976
11987–1987
Davidoff v. Davidoff neutral
nyappdiv · 1983
11987–1987
Weinstock v. Weinstock neutral
nyappdiv · 1986
11987–1987

Statutes the citing opinions construe

NY § N.Y. Domestic Relations Law § 170 (30) NY § N.Y. Domestic Relations Law § 236 (7) NY § N.Y. Domestic Relations Law § 173 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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