Trbovich v. Trbovich

Although I concur in the result reached by the majority, I write separately because I respectfully disagree with its conclusion that defendant is not entitled to a trial on the issue of whether the parties’ relationship has broken down irretrievably for a period of at least six months. Domestic Relations Law § 173 reads: “In an action for divorce there is a right to trial by jury of the issues of the grounds for granting the divorce.” One of the “grounds” for divorce in New York is that “[t]he relationship between husband and wife has broken down irretrievably for a period of at least six…