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Molinari v. Molinari

Supreme Court of New York

2007 WL 1119894 (Sup. Ct. N.Y. 2007)

Relevant factsFree

Jeffrey Molinari (plaintiff) sought a divorce from Paula Molinari (defendant) on grounds of constructive abandonment, at a time when New York was the only state without a no-fault divorce option. Jeffrey struggled to show he had repeatedly attempted to resume cohabitation with Paula, and the parties had no written separation agreement, leading to the kind of factual dispute over the circumstances of Jeffrey's departure that is common in fault-based divorce proceedings.

IssueFree

Whether a fault-based divorce should be granted without sufficient proof of constructive abandonment.

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