Anonymous v. Anonymous

Involved in this divorce action is the question under what circumstances does the mental condition of an erring spouse constitute a defense. Though New York defines by statute the standard governing responsibility for criminal conduct (Penal Law, § 1120) and establishes a wholly different measure for determining when a mentally ill person may be hospitalized (Mental Hygiene Law, § 2, subd. 8), it has enacted no statute fixing criteria for responsibility for conduct in violation of marital obligations. New York case law has recognized that an insane wife is incapable of abandoning her husband…