Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Monday, January 30, 2006

Real Life Like an Exam Question?

"He is 86 and she is 85. Married in 1940, they have not lived together since he moved out of the marital residence more than 33 years ago and had a child with his secretary. He insists the couple were divorced in 1984, but she claims that until six months ago he had tricked her into believing that they were still married. Now she is asking a Nassau County Supreme Court to vacate the earlier judgment and grant her a divorce on grounds of abandonment.

Confronted with a set of facts that one family law expert compared to an exam question conjured by "a really maniacal law professor," Justice Anthony J. Falanga, in A.S. v. A.S., 201697/05, refused to dismiss the wife's action and ordered the parties to submit additional evidence. Moreover, he said he would schedule a hearing to determine if the wife was served with the 1984 divorce action." By Andrew Harris, New York Law Journal, Link to Article (last visited 1-29-06 NVS)

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