Mandel v. Mandel

Summary

The court holds that, in a matrimonial proceeding, issues concerning custody, exclusive occupancy, support, maintenance, and equitable distribution under Domestic Relations Law § 236 are equitable matters triable by the court rather than by a jury. It permits a jury trial only on the grounds for divorce and strikes the remaining jury demands from the jury calendar.

Holdings

1. Those matters are equitable and incidental to the matrimonial relationship; therefore, they must be tried by the court rather than by a jury.
2. Equitable distribution of marital property under Domestic Relations Law § 236, part B, is an equitable matter and is not subject to a jury trial.
3. The grounds of divorce remain triable by jury under New York law.

Questions Presented

1. Whether a party to a matrimonial action has a right to a jury trial on custody, exclusive occupancy of the marital residence, maintenance, and child support.
2. Whether equitable distribution of marital property under Domestic Relations Law § 236, part B, is triable by jury.
3. Whether the grounds of divorce remain triable by jury under New York law.

Disposition

other