Settle and McCoy were married in 1982 and had two children. In 2003, Settle filed for divorce alleging abandonment, as well as cruel and inhuman treatment. McCoy countered by accusing Settle of abandonment.
While the Schenectady County Supreme Court found in Settle's favor as far as custody was concerned, during that trial issues of equitable distribution, maintenance, and child support weren't addressed. Instead, Settle and McCoy opted to provide the judge with written submissions with respect to those matters. And, when the Court later rendered its decision, it didn't grant a divorce judgment.
On appeal, the Appellate Division, Third Department, sent the case back to the Supreme Court "for further proceedings," because equitable distribution couldn't occur until the couple was formally divorced. (And while maintenance and child support could be determined in the absence of a divorce judgment, the remaining items -- like payment of college expenses and counsel fees -- couldn't.)
Shoulda Settled!
To view a copy of the Appellate Division's decision, please use this link: Settle v. McCoy