Supreme Court, Monroe County – Divorce: G.C. v. G.C.

Supreme Court, Monroe County 

Divorce

Amended Complaint

G.C. v. G.C.
09/13452
Justice Dollinger

Background: The plaintiff brought a divorce action alleging that his wife had engaged in cruel and inhuman treatment. After the commencement of the divorce action, the wife moved to Ohio and made it clear that she would contest the grounds for divorce. The husband then moved to amend the complaint to include abandonment and for an irretrievable breakdown of the marital relationship. The wife argued that the abandonment occurred during a year after the filing of the complaint and its assertion two years after the filing of the complaint makes the claim untimely and prejudicial. The wife also argues that the Section 170(7) claim was a recently enacted statutory amendment that couldn’t be asserted as the complaint was filed prior to the effective date of the change.

Ruling: The court granted the husband’s request to add a claim for abandonment as the legislative intent that claims which arose during the pendency of an action could be heard simultaneously with those that existed at the time of the filing of the original complaint. The court also permitted the husband to add the irretrievable breakdown claim as more than six months have passed since the date of the statutory amendment and the husband swears that his marriage has been irretrievably broken.

James A. Valenti of Trevett Cristo Salzer & Andolina PC for the plaintiff; Teresa M. Pare for the defendant