Justice William Giacomo
Husband sued for a judgment of divorce in 2010, and equitable distribution of the marital assets. A hearing was held and the court awarded wife $350 monthly in maintenance for the remainder of her life. It also awarded her $4,000 towards debts incurred during the marriage for the support of the children, and directed the parties to share in husband’s pension plan. Husband moved to set aside the decision and dismiss the action arguing that at the time of the action, the parties were already divorced under a 1988 judgment of divorce. Wife moved for attorney fees. The court discovered wife was granted a judgment of divorce on default in 1988, noting that all questions of equitable distribution were resolved. It stated as the marriage was previously dissolved, husband could not maintain an action for divorce, finding it invalid. As such, it granted husband’s motion and vacated the prior decision, dismissing the action. However, the court found husband’s act of commencing this action without first discovering the outcome of the 1988 action, with which he was served, was frivolous, and resulted in unnecessary expenditures of time and money. Therefore, it granted wife’s application awarding her $7,500 for attorney fees.
