FISHMAN v. FISHMAN


84 Misc.2d 480 (1975)

Helaine E. Fishman, Plaintiff, v. Alvin Fishman, Defendant.

Supreme Court, Special Term, Nassau County.

November 26, 1975


Attorney(s) appearing for the Case

Roy J. Litwin for defendant. Wager, Winick, Ginsberg, Ehrlich & Hoffman for plaintiff.


DANIEL G. ALBERT, J.

The primary issue to be decided on this application to dismiss the action is whether the doctrine of "divisible divorce", applicable in cases where the out-of-State divorce decree was granted to the husband ex parte, extends to situations where the wife subsequently appears in the out-of-State jurisdiction to modify the support provisions of the decree.

The essential facts are that...

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