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            The parties were married in Ecuador in 1963.  They have six emancipated children. Neither of the parties speaks or reads English with any degree of facility. Throughout their marriage, plaintiff-husband supported his [url=http://www.par5club.com/louboutin.php]louboutin[/url] wife and children. He works as a building porter, and his gross [url=http://www.ttcarpets.co.uk]mulberry sale[/url] weekly salary as of December 1995 was $ 538.74.  Plaintiff is also a member of a union that provided him with an attorney in this divorce proceeding.  Several years after being diagnosed with a serious illness the defendant sought spousal support.  It [url=http://www.tileproject.net]barbour outlet[/url] was granted.  The Plaintiff sought a divorce, advising his illiterate defendant wife that if she did not wish to contest the divorce she should sign the summons and the proceedings would be expedited. [url=http://www.golfwithashotgun.co.uk]barbour uk[/url] After the divorce was granted the wife learned that no equitable distribution had been ordered and that in a separate action the husband been relieved of his spousal support obligations.  The trial court reconsidered the equitable distribution issue, but affirmed its original judgment.  Defendant wife sought review of an order of the Supreme Court, Bronx County, which granted plaintiff husband's divorce petition without any provision for equitable distribution or maintenance. The wife also sought transfer of the matter to another county.
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Bolivar Aguirre, Respondent, v. Vilma Aguirre, Appellant.
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
December 2, 1997, Decided
December 2, 1997, Entered
Fact:

            [url=http://www.nitafrymeece.com/louboutin/]louboutin pas cher[/url] The court reversed the judgment of the trial court, vacated the judgment of divorce, and transferred the matter to the county in which the parties resided.

Whether the divorce judgment should be vacated for lack of jurisdiction? Whether the Queens County having Jurisdiction to hear [url=http://www.renaissancedestoiles.fr]louboutin[/url] the divorce proceedings?

Issues:
Disclaimer:
            This court vacated the divorce judgment to the limited extent of ordering a [url=http://www.orlando-apts.com/cheapnfljerseys/]cheap nfl jerseys[/url] hearing on the issue of equitable distribution.  Upon re-argument, the court, in the order appealed from, adhered to its original determination.  By signing the "Appearance and Acknowledgement of Service of Summons", defendant appeared in the action and waived any defects in service.  Defendant's excusable [url=http://www.batfriendtrust.it/category/hogan-outlet/]Hogan Outlet[/url] default argument fails for the same reason; the divorce judgment was rendered on consent, not upon default, and therefore CPLR 5015 does not apply.  Nevertheless, defendant persuasively argues that these facts present a case of "extrinsic fraud", i.e., [url=http://www.rtnagel.com/airjordan.php]nike air jordan pas cher[/url] "a fraud practiced in obtaining a judgment such that a party may have been prevented from fully and fairly litigating the matter."  Here, the plaintiff obtained a divorce judgment that was silent as to all [url=http://www.lotogame.fr/louboutin-pas-cher/]louboutin pas cher[/url] financial issues by obtaining his illiterate wife's signature on an appearance and acknowledgement form, and assuring her that he "was seeking a divorce [url=http://www.mxitcms.com/abercrombie/]abercrombie milano[/url] and nothing more".  
Article Tags: Equitable Distribution
            [url=http://www.batfriendtrust.it]hogan outlet[/url] The parties were married for thirty years, they raised six children, and the defendant did not work outside the home throughout the marriage. Given the precarious status of her health, it is unlikely that she will ever become self-supporting.  The defendant is suffering from lupus, she has no present savings, no source of income, and she is ineligible for government assistance due to her immigration status. An award of permanent maintenance may be warranted under these circumstances.  The defendant may also be entitled to health and life insurance coverage.  This Court note that if defendant is found to be entitled to a share of plaintiff's future pension, she will not receive it until he retires.  Finally, inasmuch as plaintiff does not dispute the allegation that both parties presently live in Queens and has raised no objections to defendant's request to transfer this action to Queens County, such relief is granted.

Source:
Conclusion:


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 [url=http://www.davidhabchy.com]barbour outlet[/url] their authoritative content
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