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Plaintiff Seeks Annulment Because Husband is Still Married to Another


Divorce 1

This is a case being heard in the Special and Trial Term of the Supreme Court located in New York County. The plaintiff in the matter is Ethel Phillips and the defendant is Gilbert L. Phillips. The plaintiff is seeking a separation from the defendant, who is her husband. Ms. Phillips alleges that the defendant has treated her cruelly and fails to provide fro her. The defendant denies these allegations and has entered a counterclaim seeking an annulment from the marriage. A New York Family Lawyer said the defendant states that their marriage should be annulled because the plaintiff was still married to another individual at the time the couple was married.

Case Background

On the last day of March in the year 1950, the plaintiff obtained a divorce from her husband, Mr. Moss. This divorce was obtained in the state of Georgia in the Superior Court of Richmond County. A New York Custody Lawyer said at the time of the divorce the plaintiff stated that she had been a resident of Georgia for over a year before instituting the action for divorce. However, the plaintiff was actually still a New York state resident at that time. She had only been in Georgia for a couple of days and visited the state for the purpose of obtaining the divorce and no other reason. She had not established a residency in the state of Georgia. Moss, the plaintiff’s husband acknowledged the action in the Georgia court and did not contest the divorce. The decree from the Georgia court states that the divorce was granted to the plaintiff on the 31st of March, 1950. After the divorce took place, the plaintiff’s ex-husband Moss took on another spouse.

Court Decision

The issue that the defendant brings up in argument for an annulment of the marriage between the couple is that the plaintiff was still technically married at the time she married the defendant. He argues that since she was considered a resident of the state of New York at the time of the divorce and not a resident of the state of Georgia, the divorce was not legitimate.

In order to establish that the divorce decree was not valid it is necessary to look at the laws of the state of Georgia. A Nassau County Family Lawyer said the court has looked at several other cases that are similar to this one. After careful review, the court finds that the defendant lacks the necessary evidence to show that the divorce state, in this case Georgia, would allow the decree for the divorce to be attacked. Both parties in the case agreed to the divorce and for this reason the court denies the counterclaim made by the defendant for an annulment of the marriage.

The plaintiff in this case is simply asking for a decree of separation. In this matter there is some highly disputed evidence. The couple was married in 1952 and the two have been involved in a number of arguments since the honeymoon phase of the marriage was over. The defendant has physically assaulted the plaintiff on several occasions. Additionally, the plaintiff argues that the support provided by the defendant is inadequate.

A Nassau County Custody Lawyer the plaintiff currently receives $75 a week and is asking for an increase of $100. This is excessive and the court will award alimony payment to be increased to $85 a week. The separation decree in favor of the plaintiff is awarded.

If you are in need of legal advice involving a separation, contact Stephen Bilkis & Associates. Our offices are located throughout he city of New York. You may call us at any time to set up a free consultation with one of our expert litigators.

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