Scalingi v. Scalingi

On October 4, 1971 plaintiff filed suit for divorce against defendant. The suit, charging defendant with extreme cruelty, was brought under the amended Divorce Act, L. 1971, c. 212, N. J. S. A. 2A:34-1 et seq. Defendant filed a written appearance under R. 4:79-3 requesting to be heard on the issues of support for plaintiff, equitable distribution of all property and payment of counsel fees and costs. However, at the trial defendant’s counsel stated that he was present “to also see that the plaintiff proves her cause of action.” Thereafter, for all practical purposes, the matter proceeded as a…