Fisher v. Fisher

Gregory, Justice:

This appeal is from a family court order denying pen-dente lite relief to the wife and dismissing her petition for divorce on the ground of habitual drunkenness or, in the alternative, for separate maintenance and support. The re*377spondent husband did not file responsive pleadings as required by Family Court Rule 7; however, he was not declared in default. At the hearing for temporary relief he was represented by counsel who cross examined the appellant, testified himself and presented additional witnesses. Furthermore, he failed to file a respondent’s brief in this appeal. See…