Herchenroder v. Herchenroder

In the absence of a duly executed agreement by the parties regarding distribution of their property, a judgment of divorce generally must include equitable distribution of the parties’ property (see Domestic Relations Law § 236 [B] [5] [a]; Chang v Yu-Jen Chang, 92 AD3d 1153, 1155 [2012], lv dismissed 19 NY3d 1005 [2012]; Roberts v Roberts, 138 AD2d 791, 792 [1988]). Here, there was not such an agreement. Moreover, it is apparent that the wife was making a claim for equitable distribution in the divorce action and had planned to present proof in such regard (cf. Graham v Graham, 293 AD2d 345,…