Legal Opinion

Doe v. Doe

New York Supreme Court

Decided August 9, 2010Published

1Opinion of the Court

*484OPINION OF THE COURT

Charles J. Markey, J.

This motion by the plaintiff raises the novel issue, apparently of first impression to the best of this court’s legal research, of whether a court should vacate a final decree of divorce solely on the grounds that the parties have allegedly reconciled or are in the process of attempting a reconciliation. The famous writer Cervantes (1547-1616), known fully as Miguel de Cervantes Saavedra, author of the famous Don Quixote, once stated: “The worst reconciliation is better than the best divorce.” On the issue before the court, the court must weigh any…

2Cases cited4 opinions

  1. Armstrong v. ArmstrongNew York Supreme Court · 1941
  2. Zuckerman v. ZuckermanAppellate Division of the Supreme Court of the State of New York · 1984
  3. Viscomi v. McGuireNew York Supreme Court · 1996
  4. Kuchera v. KucheraCalifornia Court of Appeal · 1954

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