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  NY Couple Reconciled But Forced To Divorce

Here's an odd little story from the divorce headlines unlike most cases seen by family attorneys in Pasadena. A New York couple that filed for divorce in 2009 swears that they have reconciled but Judge Charles Markey of Queens County Supreme Court is refusing to toss out their divorce. So what gives?

Judge Markey vetoed the couple's request to void last November's divorce, claiming that the reunited lovebirds shouldn't have wasted the court's time and money. Furthermore, he suggested if the couple is truly serious, then they should take another trip down the aisle. In what some courtroom watchers consider a strange slap on the wrist, Markey went on to say in official documents that "the remedy for these former litigants is to make new vows and a fresh start by remarrying."

The judge also questioned the reconciliation since the couple is still living in separate residences. "It appears that their alleged reconciliation is really premature under these circumstances," he wrote. Markey did, however, wish the couple the best of luck when he wrote in official court documents, "The court... congratulates the plaintiff and the defendant on their professed reconciliation."

Some divorce attorneys applauded Markey's encouraging the couple to work matters out on their own and not in the courtroom, which costs taxpayers big bucks every year. Others, specifically the husband's lawyer Kevin Costello, question the judge's ruling. Costello said the couple, whose names were not released to the press, wanted to avoid any religious stigma associated with an official divorce.

Markey fired back, saying, "The court does not bow to alleged religious sentiments or convictions that may attach to the divorce."

reconciling.jpg

The couple argues that a remarriage won't erase this "sad chapter" of their relationship and will make it difficult to move on.

The wife currently lives in Rhode Island while her husband lives in Queens. The couple does not have any children.

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Posted By Divorce Attorney on August 29, 2010 09:50 pm | Permalink 
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