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Does Edith Bunker Have A Ground for Divorce?

If you are contemplating getting divorced in New York, you are probably aware of the new law regarding proving grounds for divorce. The ground of the "irretrievable breakdown of the marriage", for more than six months prior to the filing of the divorce action, was added as the seventh ground under the law. As written, the law appears to require only that one party state under oath the existence of this irretrievable breakdown.
Many have called this amendment to Domestic Relations Law Section 170 "no fault divorce". 
However, an article appeared in the New York Law Journal on Friday, February 4, 2011reporting that an upstate New York judge scheduled a trial to decide if grounds exist - under the amended law - if the marriage is 'irretrievably' broken. As written, the law requires the spouse to state the irretrievable breakdown. If there is 'no fault", how is there to be a trial? 
Will the spouse have to offer factual specifics of the breakdown? How the marriage is irretrievably broken? When this breakdown became irretrievable? 
Does the defendant get to challenge the facts as presented by the plaintiff? 

If so, would Edith Bunker get a divorce in New York? 

Edith and Archie have a long term marriage - at least over 25 years. 
How old is Gloria? 
So, is it harder to prove an irretrievable breakdown in a long term marriage, as in cruel and inhuman treatment? 
Archie is no pleasure cruise - "Edith, stifle yourself!" "You Dingbat!" 
"Get me a beer, will yaaa, huuuh!?" 
Archie yells and screams at Edith, constantly bossing and belittling.
Archie yells and screams at Gloria in front of Edith (not to mention at Gloria's "meathead" husband Mike).
But Archie is faithful; he is a provider; he doesn't hit Edith. (I am not condoning Archie)
The point: could Edith prove an irretrievable breakdown after all those years and all that she endures. Could Edith point to a time when the marriage became irretrievably broken? Hey, they sing and play the piano at least once a week together. They even have the Jefferson's over now and again.
Could Edith prove to the court that she and Archie should no longer be married under the new law? 
Should she have to? 
One thing is for sure, a New York judge will give her temporary spousal support and counsel fees while she tries.


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