In the 1988 case of Buronow v. Buronow, 71 NY2d 284 (1988), the Court of Appeals set out the basic rule that issues relating to marital property must be decided within the matrimonial action.
Post-Divorce Torts Not Always Barred
In the 1988 case of <i>Buronow v. Buronow</i>, 71 NY2d 284 (1988), the Court of Appeals set out the basic rule that issues relating to marital property must be decided within the matrimonial action. If they are not, the doctrine of res judicata steps in to bar a later suit over subjects that should have been adjudicated. This maxim has caused consternation to some over the years but, by and large, it was fairly easy to understand and follow. Its purpose was to finalize all aspects of spousal litigation as expeditiously as possible in order to preserve judicial resources and prevent divorcing parties from being compelled to take part in never-ending controversies.
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Janice G. InmanThis premium content is locked for LawJournalNewsletters subscribers only
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