Rights During pendency of Divorce Proceedings: Legal Effects of Final Judgment

Question 1

What can the court do while any marital action is pending?

Answer 1

• Ct can make temporary orders for:
  
  • custody & support of children
  • alimony & counsel fees
  • direct temporary possession of the marital home
• Temporary alimony despite the fact they still reside in the same home & counsek fees
  
  • not dependant on a showing of reasonable probability of success
  • spouse must show necessity
  • if spuse dies before the entry of judgment, the action abates, & the surviving spouse is not entitled to equitable distribution

Question 2

What rights after final judgment?

Answer 2

• once divorce decreed, either pty can marry again as if the other were dead
• converts TbyE to Tin C

Question 3

Recap

Question 1

Applicants were asked to analyze issues arising from a husband seeking a divorce outside of New York, in State X, and the wife’s attempt to nullify the State X judgment of divorce and to obtain a divorce in New York on the grounds of abandonment. The husband then sought to dismiss wife’s complaint, and the court upheld the State X judgment of divorce and dismissed wife’s request for a divorce on the grounds of abandonment:

Was the ruling of the court correct?