Haymes v. Haymes
Supreme Court of New York, Appellate Division
646 N.Y.S.2d 315 (1996)
Gail Haymes (plaintiff) and Stephen Haymes (defendant) lived as husband and wife for over two decades before Stephen moved out, allegedly without justification, and allegedly committed adultery. Gail sued for divorce on grounds of abandonment. The couple then attempted a roughly six-week reconciliation, living together and having sex at least once, before separating again; Stephen then countersued for divorce. Years later, on the eve of trial, Stephen moved for summary judgment, arguing the reconciliation attempt legally wiped out Gail's abandonment claim. The trial court agreed and granted judgment to Stephen.
Whether a brief, ultimately unsuccessful attempt at reconciliation — including cohabitation and sex — automatically forfeits a spouse's pending claim for divorce on grounds of abandonment.