In Matter of Cheryl D.U. v Ehigie E.U., the Appellate Division, First Department, issued a decision affirming a Kings County Family Court’s dismissal of a petition for spousal support.
The case hinged on whether the petitioner, Cheryl D.U., could demonstrate that she was legally married to the respondent, Ehigie E.U.—a foundational requirement under Family Court Act § 412.
Cheryl D.U., representing herself, argued that her prior matrimonial proceedings with the respondent—specifically, an order issued on May 12, 2009—substantiated her marriage. However, the court found problems with that argument because the 2007 matrimonial proceeding she referenced had been voluntarily discontinued before reaching judgment. As a matter of law, that voluntary discontinuance rendered the proceeding void ab initio. In other words, the court treated the proceeding as though it had never occurred.
The May 2009 order Cheryl relied on was itself problematic—not only did it originate from a vacated case, but it had also been entered on default, meaning the respondent never participated in that proceeding and thus failed to meet the “actually litigated” standard necessary for preclusive effect.
The Support Magistrate's initial dismissal was upheld by the Family Court, and the AD1 found no error or abuse of discretion. Since the petitioner bore the burden to establish a legal marriage, and that burden had not been met through either testimony or documentation, AD1 thought the matter had been appropriately dismissed.
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DECISION