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Husband Seeks to Convert Separation Judgment to Divorce

This case is being heard in the Supreme Court of the State of New York, Trial Term located in New York County. The plaintiff in the case is Edward Hendel. The defendant in the case is Arline Hendel. The plaintiff husband is seeking a divorce on the ground that he and the defendant wife have lived separately for more than two years as stated in the separation agreement. He further states that he has met all of the conditions and terms of the separation judgment.

Case Background

A New York Family Lawyer said the couple was married in New York, New York on the 11th of June, 1950. They have two sons together who are fourteen and eleven years old. The defendant wife as a plaintiff in a Westchester County action was awarded a separation judgment on the tenth of February, 1966. This judgment was appealed and affirmed in appellate court.

The separation judgment provided that the defendant wife was to receive $125 a week from the plaintiff. This amount was for support and maintenance for herself and to help support, maintain, and educate the children of the marriage. The defendant wife was given custody of the two children and the father was issued visitation rights. Provisions in the separation agreement gave the wife the possession of the premises that was owned by the couple as tenants by the entirety. The husband was to continue making the payments on the mortgage as well as the real estate taxes for the home and the insurance for the home.

On the tenth of December, 1968, a New York Custody Lawyer said the wife motioned to modify the previous separation judgment for an increase in the amount of alimony and child support. She based her motions on changes in circumstances. The motion was denied by the Supreme Court of the State of New York in Westchester County.

Currently, the plaintiff husband is seeking to convert the separation judgment in which he was a guilty party into a decree of divorce to dissolve the marriage contract with the defendant wife. He seeks to terminate all of the property and other rights that are vested in the defendant wife presently and in the future that stem from the marriage.

A Bronx Family Lawyer said if the court awards the plaintiff the decree of divorce the defendant, who has been found to be free of fault in the matter, will have her marriage terminated without her consent and to her detriment as she will lose her valuable property rights.

Case Discussion and Decision

The plaintiff husband has complied with all of the stipulations of the separation agreement and has made generous additional payments to the defendant on a regular basis. The plaintiff has made payments to have the floors refinished in the home, camp for the children, membership dues for the synagogue, clothing for the children, and other repairs to the home. These payments were in addition to what was required by the court.

The court has reviewed the facts of the case and has determined that the maintenance and support fees paid by the husband should be increased from $125 per week to $150 per week. The divorce will be granted, but these payments will remain in effect.

If you are in need of legal advice involving a separation or divorce or any other type of legal issue, contact Stephen Bilkis & Associates. Our offices are located throughout the city of New York for your convenience. You may call one of our offices to set up an appointment to meet with one of our expert litigators at any time. We offer free consultations for your first visit to our offices.

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