Chalmers v. Chalmers

The opinion of the Court was delivered by

Sullivan, J.

This is an appeal and cross-appeal in a divorce case. We granted certification while the appeal was pending unheard in the Appellate Division, primarily to consider defendant-cross-appellant’s challenge to the constitutionality of the equitable distribution of property provisions of the amended Divorce Act, L. 1971, c. 212, N. J. S. A. 2A:34-1 et seq.

In July 1970 plaintiff, Dorothy Mae Beth Chalmers, filed a suit against her husband George M. Chalmers for a divorce on the ground of desertion. The husband answered and counterclaimed on April…