Merino v. Merino

In this separation action, defendant husband moves for an order dismissing the complaint and granting him summary judgment. Defendant challenges the validity of his marriage to his wife, plaintiff herein, on the ground that they were married within a 60-day prohibition period contained in her Alabama decree and on the further ground that plaintiff was not a bona fide resident of Alabama at the time she instituted her action for divorce against her former husband, as required by Alabama law.

Plaintiff cross-moves for an order striking the amended answer and dismissing defendant’s counterclaim…