Samurai Sword Attack, Not Grounds for Divorce, Only in New York

Posted: April 13, 2010 in family law

Ok, this is not a California case, but interesting non the less. Seems the Husband in this case was attacked by the Wife with a three foot sword and alleged cruel and inhuman treatment. He wanted a divorce alleging 3 counts, cruel and inhuman treatment, abandonment and adultery, the New York Court said, no way on cruel and inhuman treatment, he failed to establish this count, no way on adultery, he failed to prove this count but did grant him a divorce based on abandonment. Only in New York!

Although the Court found that Wife would have killed the Husband if their daughter had not intervened, the Court in S.K. v. I.K. found that:

. . . at no time did the husband testify that the alleged cruel and inhuman treatment of him by the wife so endangered his physical or mental well being as to render it unsafe or improper for him to cohabit with his wife as required by DRL §170(1). Plaintiff did not sustain his burden of proof with respect to physical or mental injuries. The testimony was that no one sustained any physical injuries, neither party was seen at a hospital or by any doctor. In fact, he never contacted the police nor did he seek protection from the Family Court, and he testified that he continuously pleaded with Wife to return to the marital residence to work on their marriage. Plaintiff provided no testimony from any physicians nor did he even produce any medical records.

As a Paralegal, this case is an interesting read, but I am glad that California is a no-fault state. I wonder if this case will help move New York towards a no-fault divorce state soon.

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