Family Law Keyed to Weisberg
Haymes v. Haymes
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Gail Haymes, plaintiff, alleged in divorce proceedings that beginning in 1984 defendant, Stephen Haymes, refused to have sexual relations with her. In 1987 defendant moved out without plaintiff’s consent or justification. Plaintiff claimed that defendant engaged in several adulterous relationships. In 1988 an action for divorce was commenced. The couple attempted reconciliation between November 1988 and January 1989. According to plaintiff, defendant neither expressed remorse for his adultery nor affection for her during this time. In January 1995 on the eve of trial, defendant moved for dismissal of his wife’s causes of action for abandonment and constructive abandonment. He asserted that her claims were precluded because of plaintiff’s admission that she and her husband had briefly resumed living together. She also conceded that the couple had engaged in sexual relations at least once during this period. Plaintiff responded that a single unsuccessful attempt at reco nciliation after the matrimonial action had already commenced was insufficient to defeat her claims founded in abandonment.
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