Wechter v. Wechter

Appellate Division of the Supreme Court of New York

Wechter v. Wechter

50 A.D.2d 826, 376 N.Y.S.2d 180, 1975 N.Y. App. Div. LEXIS 11676

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 1975

StatusPublished

Cited by4 cases

This text of 50 A.D.2d 826 (Wechter v. Wechter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wechter v. Wechter, 50 A.D.2d 826, 376 N.Y.S.2d 180, 1975 N.Y. App. Div. LEXIS 11676 (N.Y. Ct. App. 1975).

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Opinion

In an action for divorce, defendant appeals from an order of the Supreme Court, Kings County, entered April 25, 1975, which denied her motion to dismiss the complaint for failure to state a cause of action. Order reversed, with $50 costs and disbursements, and motion granted. Nothing less than a judicial judgment of separation can be the basis for a divorce under the clear requirements of subdivision (5) of section 170 of the Domestic Relations Law (Becker v Becker, 44 AD2d 676). Therefore, the mutual order of protection issued by the Family Court simultaneously with an order of support may not be the basis for a divorce. Any expansion of the no-fault grounds for divorce must be left to the Legislature. Martuscello, Acting P. J., Cohalan, Christ, Munder and Shapiro, JJ., concur. [81 Misc 2d 821.]

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In an action for divorce, defendant appeals from an order of the Supreme Court, Kings County, entered April 25, 1975, which denied her motion to dismiss the complaint for failure to state a cause of action. Order reversed, with $50 costs and disbursements, and motion granted. Nothing less than a judicial judgment of separation can be the basis for a divorce under the clear requirements of subdivision (5) of section 170 of the Domestic Relations Law (Becker v Becker, 44 AD2d 676). Therefore, the mutual order of protection issued by the Family Court simultaneously with an order of support may not be the basis for a divorce. Any expansion of the no-fault grounds for divorce must be left to the Legislature. Martuscello, Acting P. J., Cohalan, Christ, Munder and Shapiro, JJ., concur. [81 Misc 2d 821.]

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Bluebook (online)

50 A.D.2d 826, 376 N.Y.S.2d 180, 1975 N.Y. App. Div. LEXIS 11676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wechter-v-wechter-nyappdiv-1975.

Opinion

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