Most divorces are settled by agreement.  A few go to trial.  The only certainty in a divorce trial is that nobody knows how a Judge will rule.  Read the following case that was decided by the appellate division.  Apparently the Judge got some things right and some things wrong.

67.2.12 - - - Johnson v. Chapin

Johnson v. Chapin, --- A.D.3d ---, --- N.Y.S.2d --- (First Dept. 2008)(2008 WL 664929)(2008 N.Y. Slip Op. 02203)(Mar. 13, 2008):

Supreme Court, Appellate Division, First Department, New York.

Janet M. JOHNSON, Plaintiff-Respondent,

v.

Allan M. CHAPIN, Defendant-Appellant.

Mar. 13, 2008

TOM, J.P., MAZZARELLI, FRIEDMAN, BUCKLEY, McGUIRE, JJ.

Judgment of divorce and money judgment, Supreme Court, New York County (John E.H. Stackhouse, J.), entered May 17 and September 23, 2005, inter alia, distributing the parties' marital property and awarding plaintiff maintenance, child support and counsel fees, modified, on the law and the facts, (1) to reduce the wife's share of the enhanced value of the Claverack property to 25%; (2) to vacate the credit to the wife for 50% of the difference between the sum expended on the Claverack renovations and the property's appreciated value; and (3) to credit the husband (a) $548,460 for excess temporary maintenance payments and (b) $484,370.50, 50% of the mortgage and maintenance paid for the Fifth Avenue cooperative during the pendency of the divorce action, and otherwise affirmed, without costs.

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