Richard B. v. Sandra B. B.

OPINION OF THE COURT

David B. Saxe, J.

There is a concept in matrimonial law known as "divisible divorce”, under which a party may obtain a divorce from a court having jurisdiction to dissolve the marital res although that same court lacks jurisdiction to determine any ancillary financial issues between the parties. The case now before me leads me to conclude that paternity may be similarly divisible, so that the court may render a declaration of nonpaternity, yet — under appropriate circumstances — continue to impose upon the man an obligation to support the child.

This is a postjudgment motion…