(Download) "New Castle County Education Association v." by Supreme Court of Delaware " eBook PDF Kindle ePub Free
eBook details
- Title: New Castle County Education Association v.
- Author : Supreme Court of Delaware
- Release Date : January 17, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
B. E. M. (hereinafter husband) filed a petition for divorce in the Family Court, and D. A. M. (hereinafter wife) filed a responsive pleading contesting the jurisdiction of the Family Court, denying the grounds alleged in the petition, and requesting interim and permanent alimony in the event that a divorce was granted. Thereafter, husband filed a motion to voluntarily dismiss or withdraw his divorce petition. The motion was filed less than one week prior to the hearing date set for his petition. Wife opposed the motion. Approximately three weeks after the filing of this motion, and prior to the Trial Court's resolution thereof, husband filed a second petition for divorce. Following oral argument, the Family Court denied the motion to dismiss in a reported opinion, B. E. M. v. D. A. M., Del.Fam., 413 A.2d 1271 (1980), 1 finding that dismissal would prejudice wife's rights and would also contravene public policy. Id. at 1274. The issues here involved concern certain statutory provisions regarding the allowance of alimony under 13 Del.C. § 1512. At the time the first petition was filed, § 1512 did not limit the allowance of alimony to a specified period of time following the entry of a divorce decree. 59 Del. Laws, c. 350, section 1 (1974). However, when husband filed the motion to dismiss on July 27, 1979, § 1512 had been amended to limit the availability of alimony to a period of not more than two years after dissolution of the marriage. (62 Del. Laws, c. 168, section 2 (July 13, 1979). 2 Significantly, the Act amending § 1512 expressly provided: