McMahan v. McMahan

Kassal, J. (dissenting in part).

The issue is whether pretrial disclosure on the issue of alleged fault or marital misconduct should be allowed in appropriate cases. 11 We disagree with the determination of the majority denying such pretrial disclosure and, accordingly, we would reverse the order entered July 7, 1983 and direct plaintiff to appear for examination before trial. In view of the introduction of equitable distribution on July 19, 1980, it is appropriate to reexamine the prevailing rule in this department precluding disclosure with respect to marital fault. Inasmuch as fault may now…