Smith v. Smith

Verginetta Smith1 (hereinafter “Verginetta”) appeals from a judgment of divorce entered December 28, 1977, in an action commenced by her on April 9, 1968, based upon a direction by the trial court in 1972 for the parties to draw up a decree for entry; it was entered notwithstanding a complaint by Verginetta for separate maintenance that was filed on September 21,1977. For the reasons stated below, we affirm in part and reverse in part.

The 1968 complaint filed by Verginetta sought separate maintenance or divorce. On April 25 of that year her husband, Marcellus Smith (hereinafter “Marcellus”),…