Sullivan v. SulliVan

I respectfully dissent. Where a marriage is of long duration, the party seeking the divorce will be held to a high degree of proof (Silvern v Silvera, 147 AD2d *955473, 474). What might be considered substantial misconduct in the context of a marriage of short duration might only be "transient discord” in that of a long-term marriage (see, Thom v Thom, 162 AD2d 811, 812). Proof of irreconcilable or irremedial differences or proof that the marriage is "dead” is insufficient to establish cruel and inhuman treatment (Niles v Niles, 126 AD2d 874).

In my view, two arm twistings and threats uttered…