Zientara v. Zientara

This is an action for an absolute divorce brought pursuant to subdivision (5) of section 170 of the Domestic Relations Law, based upon the ground of living apart for a period of two years under a decree of separation entered on November 27, 1959. This case squarely presents for the first time to this court the issue of whether subdivision (5) of section 170, passed in 1966 to take effect on September 1, 1967, and as amended in 1968, is to be applied retroactively.

The plaintiff herein was the innocent party in the prior action. Except for the defendant’s opposition to the demand for alimony…