Haymes v. Haymes

646 N.Y.S.2d 315 (1996)

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Nature of the Case

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Facts

H and W were married in 1965 and lived together, without interruption, until 1987. They have two children, born in 1967 and 1975. Beginning in December 1984, H refused to have sexual relations with W, rejecting her repeated overtures. In September 1987, H moved out of the couple's home allegedly without W's consent and without justification. W claimed that H engaged in several adulterous relationships with women identified in the complaint. An action for divorce was commenced in September of 1988 after H had remained out of the marital abode for more than one year. The couple attempted a reconciliation between November 18, 1988, and January 4, 1989, during which time they resumed residing unhappily together and even had sex just once. Unable to resolve their problems, they returned to living apart and pursuing their respective marital claims. H moved for summary judgment on grounds that the reconciliation attempt as a matter of law precluded an abandonment claim. H got the summary judgment, and W appealed.