Complex procedural issues are not exactly common fare in matrimonial actions. One such relative rarity was Tawil v. Tawil,1 a case that presented a procedural maelstrom implicating issues of necessary and permissive joinder of parties as well as issues of mandatory and permissive non-party intervention. Fortunately, the matter landed on the bench of an able jurist who was up to the task of finding controlling principles that cut through the procedural bog.
Procedural Context
Tawil was a post-judgment enforcement proceeding brought by a former wife in Kings County Supreme Court before Justice Jeffrey S. Sunshine. The parties had been divorced in October 2001 by a judgment incorporating without merging a stipulation of settlement. Four days after that judgment of divorce was entered, the husband married his current wife. By October 2010, the bloom of romance had evidently faded from this second marriage and the husband commenced a divorce action in New York County against his current wife. The decision in the Kings County enforcement proceeding was issued at the time the divorce action between the husband and his current wife was pending. Both marriages had produced children who remained unemancipated.
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