Tucker v. Tucker

OPINION OF THE COURT

Jones, J.

A plaintiff who has commenced a matrimonial action prior to the effective date of the “Equitable Distribution Law” may not discontinue that action for the purpose of instituting a second action after that date in order to obtain benefits under the broader provisions relating to distribution of marital property applicable in actions commenced after the statute became effective.

On December 12, 1978 plaintiff wife commenced the present action for divorce; after the pleadings had been served, in April, 1980 the case was assigned a trial date which was later adjourned.…