Wilkov v. Wilkov
| Decision Date | 16 March 1961 |
| Citation | 13 A.D.2d 471,212 N.Y.S.2d 91 |
| Parties | Anna WILKOV, Petitioner-Respondent, v. Herbert WILKOV, Respondent-Appellant. |
| Court | New York Supreme Court — Appellate Division |
E. Modlin, New York City, for respondent-appellant.
H. M. Markham, New York City, for petitioner-respondent.
Before BREITEL, J. P., and McNALLY, STEVENS, EAGER and STEUER, JJ.
Final order entered on April 1, 1960, insofar as appealed from, unanimously reversed on the law and a new trial ordered, without costs, and with leave to the petitioner to apply in the Domestic Relations Court for a new or continuing temporary order for her support pending the outcome of the new trial. There is no doubt that the Domestic Relations Court, as an incident to the exercise of its jurisdiction on petitions charging nonsupport, may determine whether the parties are husband and wife . Nor is there any doubt that a divorce decree rendered in another state purporting to dissolve the wife's prior marriage may, in a proper case, be collaterally attacked on jurisdictional grounds where it is shown that the first husband was not personally served with process and did not enter a personal appearance in the divorce action (Fischer v. Fischer, 254 N.Y. 463, 173 N.E. 680; Williams v. State of North Carolina, 325 U.S. 226, 65 S.Ct. 1092, 89 L.Ed. 1577). Settle order on 10 days' notice.
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