Belaustegui v. Belaustegui

The plaintiff husband and defendant wife were married on April 29, 1965; there is one child of the marriage, a girl born on May 1, 1967, who resides with defendant.

Plaintiff and defendant entered into a written separation agreement which was filed in the office of the County Clerk of Queens County on July 25, 1974. Plaintiff now seeks to convert such agreement into a divorce pursuant to subdivision (6) of section 170 of the Domestic Relations Law.

Even though defendant appeared by counsel but did not contest the complaint, this court believes itself to be duty bound to examine the agreement…