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11/27/68 HUSBAND v. WIFE DIVORCE ACTION

November 27, 1968

HUSBAND
v.
WIFE DIVORCE ACTION



The opinion of the court was delivered by: Bifferato

VINCENT A. BIFFERATO, ASSOCIATE JUDGE

UNREPORTED OPINION

This is a divorce action brought by the husband on the ground of incompatibility.

The parties were married on January 20, 1962, a few months after they met. Immediately prior to the marriage the husband served time in prison for operating a motor vehicle while under the influence of intoxicating liquor. The plaintiff was employed earning $90 a week after deductions; he gave defendant $80 per week to maintain the home. Shortly after the marriage the parties travelled to California, and in 1964 they vacationed in Florida.

Both parties were previously married, and both had children from their previous marriages. No children were born of this marriage. At the time of this marriage, plaintiff was fifty years of age and defendant was fifty-two years of age.

Plaintiff admitted he had a drinking problem and that this problem existed at the time of the marriage; however, plaintiff promised defendant to stop drinking prior to the marriage.

The marriage was fairly stable for the first year and a half. The parties enjoyed each other's company, they visited each other's family and they enjoyed normal marital relationships.

After the first year and a half, the parties began to have disagreements over plaintiff's friends and family and plaintiff's drinking became the subject of most of these arguments. However, there was never any physical abuse by either plaintiff or defendant.

Plaintiff claims that defendant refused to visit his family, denied him any marital relations, and would not allow him to drink at home.

Defendant states that plaintiff's drinking was the sole cause of the problems and plaintiff's friends and family were only drinking partners.

The parties never argued in the presence of anyone, and after the first year and a half of the marriage they seldom went out together.

The plaintiff left the home on July 22, 1967, and moved in to a boarding house. Plaintiff and defendant had marital relations the night before he left. Defendant did not know plaintiff intended to leave on July 22, 1967.

On cross examination plaintiff admitted having sexual relations with his present landlady.

The recent case of Doran v. Doran, Del. , 245 A 2d 434 (1968 Del. Super. Ct.) states the essential elements to establish incompatibility as a ground for divorce. Incompatibility must be mutual, it must be the result of deep and intense conflicts of personalities and Dispositions so as to be irremediable, it must have completely destroyed the marriage ...


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