Legal Opinion
Elson v. Elson
Appellate Division of the Supreme Court of the State of New York
Decided August 28, 1989PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Balletta, J.
In this case a question has arisen as to the impact an out-of-State divorce decree has upon a party’s subsequent claim for equitable distribution in this State. We hold that where the foreign divorce decree was rendered prior to July 19, 1980, and it is not set aside, a party may not maintain a claim for equitable distribution under Domestic Relations Law § 236 (B).
After having resided in the State of Colorado for two years, the defendant husband in this action obtained a divorce in that State. The divorce decree was dated December 28, 1979, some seven months…
2Cases cited15 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Estin v. EstinSupreme Court of the United States · 1948
- Vanderbilt v. VanderbiltSupreme Court of the United States · 1957
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Tucker v. TuckerNew York Court of Appeals · 1982
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Peterson v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1992
- Kahn v. KahnDistrict Court, S.D. New York · 1992
- Young v. KnightAppellate Division of the Supreme Court of the State of New York · 1997