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As to this first condition for electing relief under
section 6015(c), petitioners' posttrial brief states as
follows:
Pursuant to �6015(c)(3)(A)(i)(I), Mrs. Vetrano is
'legally separated from' Mr. Vetrano. Attached
as exhibit 'B' is a copy of the divorce complaint
which was filed against her husband in the Camden
County Superior Court on August 7, 1998.
The complaint for divorce attached as exhibit B to
petitioners' brief purports to have been filed in the State
court 12 days before the date on which petitioners'
posttrial brief was filed in this Court. There is no
evidence that Mrs. Vetrano was divorced from Mr. Vetrano
or became legally separated from him during that 12-day
period. Furthermore, petitioners do not allege that
Mrs. Vetrano was not a member of the same household as
Mr. Vetrano during the 12-month period ending on the date
of her election under section 6015(c). In this regard,
we note that, according to the complaint for divorce,
Mrs. Vetrano sought a divorce on the grounds of extreme
cruelty, pursuant to N.J. Stat. Ann. sec. 2A:34-2(c)
(West 2000). She did not seek divorce on the grounds of
separation for a period of at least 18 or more consecutive
months, a separate ground for divorce under the New Jersey
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