Dillard v. Dillard

Full title: ELLEN E. DILLARD, Respondent, v. THOMAS A. DILLARD, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 2, 1994

204 A.D.2d 260 (N.Y. App. Div. 1994)

611 N.Y.S.2d 590

Opinion

May 2, 1994

Appeal from the Supreme Court, Dutchess County (Jiudice, J.).

Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, and the action is dismissed.

Since the defendant was never a domiciliary of Texas, and had no connections with that State, the Texas divorce judgment is divisible, and that portion of the judgment which directed him to pay $30,000 to the plaintiff wife should not have been afforded full faith and credit (see, Vanderbilt v. Vanderbilt, 354 U.S. 416; Estin v. Estin, 334 U.S. 541; Peterson v. Goldberg, 180 A.D.2d 260, 262-263; Lansford v. Lansford, 96 A.D.2d 832). Bracken, J.P., Miller, Santucci and Altman, JJ., concur.