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What is a defense to a divorce based on a separation decree?

If the parties have failed to substantially perform all the terms and conditions of such decree or judgment the defendant may have a valid defense.

It is not a defense to a judgment of separation that the parties have reconciled and cohabited.  See Coppola v Copolla, 17 AD2d 647, 648, (2d Dept 1962), appeal dismissed 12 NY2d 712(1962); Quirk v Quirk, 175 Misc. 703(Sup. Ct. Erie County 1941).  However, under Domestic Relations Law Section 203, a joint application of the parties, accompanied with satisfactory evidence of their reconciliation, a judgment for a separation, forever, or for a limited period, may be revoked by the court.

Bronx divorce lawyer Bryan J. Hutchinson will fight for your right to child custody, child support, spousal maintenance, and equitable distribution of property. We zealously represent divorce and family law clients for over 20 years in New York State Courts in the Bronx, Brooklyn, Queens, Manhattan, Westchester, and Nassau Counties. Call the Law Office of Bryan J. Hutchinson, PLLC at (718) 671-0900 for a confidential consultation.

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At the Law Office Bryan Hutchinson, PLLC, we focus on personal injury, divorce, and probate and estate administration. We are dedicated advocates, committed to protecting your rights with vigor and understanding. Our approach combines zealous advocacy with a deep concern for your unique situation, ensuring that your case is handled with both determination and care."

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The Law Office Bryan Hutchinson, PLLC is committed to answering your questions about personal injury, divorce, and probate and estate administration issues in New York. We offer free personal injury consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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