On April 29, the Court of Appeals decided Howard S. v. Lillian S.1 The case presented two principal issues, one substantive and one procedural. The substantive issue: the role of marital fault in equitable distribution. The procedural issue: the scope of disclosure available in matrimonial actions.
The husband sued for divorce. He asserted, inter alia, that the wife had committed adultery which resulted in the birth of a child and that she deceived him into believing the child was his own. He contended that this amounted to egregious misconduct that should impact equitable distribution and sought disclosure to develop proof on this issue. The trial court denied disclosure and a divided Appellate Division, First Department, affirmed.2 The Court of Appeals, in a split decision, affirmed, holding that the wife’s alleged affair did not rise to the level of egregious misconduct and denying disclosure with respect to fault. In a cogent dissent, Judge Eugene F. Pigott questioned the wisdom of the policy of restrictive disclosure which the majority embraced.
The Substantive Issue: Fault
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