The applicant brought a motion for the sale of the jointly owned matrimonial home, severance of the divorce, and related relief.
The respondent, who was incarcerated in Florida awaiting trial for assaulting the applicant, sought an adjournment due to communication difficulties with his counsel.
The court dismissed the adjournment request to avoid prejudicing the applicant's pending condominium purchase.
Applying the Partition Act, the court granted the order for sale, finding no evidence that the sale would prejudice the respondent's equalization payment.
The court ordered 50% of the net proceeds to be released to the applicant and the remaining 50% to be held in trust.
The motion to sever the divorce was dismissed without prejudice, and no costs were ordered.