Third Department Erroneously Allows A Party To Obtain A No-Fault Divorce

In Rinzler v. Rinzler, 947 N.Y.S.2d 844 (3rd Dept., 2012), the Third Department erroneously upheld the plaintiff’s second divorce action, wherein he sought a divorce under the no-fault statute, notwithstanding the fact that he had filed his first action before the effective date of the statute. However, the legislation establishing the no-fault statute specified that it “shall take effect on [October 12, 2010] and shall apply to matrimonial actions commenced on or after such effective date.” The Appellate Division reasoned that legislative intent was to lessen litigation.