Oberstein v. Oberstein

Sullivan, J. (dissenting).

In April, 1982 the husband, alleging that the parties had, pursuant to a separation agreement, lived separate and apart for more than a year, brought this action for a conversion divorce to terminate a 14-year marriage which had produced one child, a daughter now eight years of age. The wife interposed two “affirmative defense[s] and counterclaim[s]”. The first seeks rescission of the separation agreement on the ground that, distraught and without the benefit of counsel and advice, *383she signed an inherently unfair and inequitable agreement which had been drafted by an…