Jacobs v. Jacobs

This is an application by defendant for an order directing the County Clerk of Kings County to accept and file a stipulation made on the record in a separation action and that such stipulation he deemed an ‘ ‘ agreement ’ ’ pursuant to subdivision (6) of section 170 of the Domestic Delations Law.

Section 170, as pertinent here, provides: “ § 170. Action for divorce. An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds: * * *

“ (6) The husband and wife have lived separate and apart…