Williams v. Williams
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
The parties were married in 1981 and have two adult children. Defendant (hereinafter the husband) left the marital residence in 2007, commenced an action for divorce in 2008 and discontinued it six months later. As part of the stipulation of discontinuance, he agreed to pay certain living expenses on behalf of plaintiff (hereinafter the wife) totaling approximately $2,400 per month. In 2009, the wife commenced this matrimonial action on the ground of abandonment. After joining issue, the husband stipulated to withdraw his answer and allow the wife to obtain an uncontested judgment of divorce.…
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