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Plaintiff wife obtained a divorce in Arkansas from her previous husband. The husband had actively participated in the wife's divorce from her first husband, which was granted by a court in Arkansas. Thereafter, she and defendant were married and have lived together for 20 years. She now sues for a divorce. Defendant moved to dismiss the action pursuant to CPLR 3211 (subd [a], par 2), lack of subject matter jurisdiction, because defendant says the wife's Arkansas divorce was invalid in that she had not fulfilled the residence and domicile requirements of Arkansas. The husband's motion to dismiss the wife's complaint for divorce was denied. The defendant husband sought review of the order which denied the husband's motion to dismiss plaintiff wife's complaint for divorce.
Issues:
Whether the petitioner's first divorce was invalid as claimed by the defendant?
Whether the petitioner's complaint for divorce has to be dismissed?
Discussion: This court held that it appeared that the parties have lived together for over 20 years as husband and wife, after a ceremonial marriage between them, on the strength of a divorce that the present defendant actively participated in obtaining. In the circumstances it would be grossly unjust to permit the husband to deny the validity of that divorce and remarriage. Therefore, based upon defendant's direct participation in and knowledge of the circumstances concerning plaintiff's prior divorce, the defendant is estopped from attacking the validity of that decree.
This court held that in the 32 years since the decision of this court in Jackson v Jackson (supra), there have been revolutionary changes in both the matrimonial laws of New York and the mores and values of our society. One need only consider the change in the law from the time when adultery was the only ground for divorce in New York to the present "no-fault" divorce (Domestic Relations Law, § 170, subd 6). On questions of public policy, we may look to "prevailing social and moral attitudes of the community" in "this sophisticated season. In the present climate of opinion and scale of values the court held that the injustice of permitting the husband to escape his obligations to the woman with whom he has lived as his wife for over 20 years, after a marriage and divorce obtained in the circumstances here, outweighs the conflicting policy against requiring a man to support a woman to whom he is not legally married. It is time that the rule of the Jackson v Jackson (supra) case is reconsidered, both by this court and by the Court of Appeals.
Conclusion:
This court hence modified the order to direct an immediate trial on the limited issue of the validity of the wife's out-of-state divorce from her first husband.
Disclaimer:
These summaries are provided by the SRIS Law Group.  They represent the firm's unofficial views of the Justices' opinions.  The original opinions should be consulted for their authoritative


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