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12/31/68 HUSBAND v. WIFE

December 31, 1968

HUSBAND
v.
WIFE



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 grounds of incompatibility.

The parties were married May 17, 1953, and are the parents of three children. They have been separated since January of 1964.

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 relationship, and it must have existed for a least two years prior to filing the divorce action.

Even though the parties enjoyed the same social friends, had the same sports interests, and shared the same views on music, art, and religion, their basic personalities were so much alike that it created an intense conflict for domination of one over the other. The psychologist who testified stated that they were two egocentric persons battling each other, each with the view of immediate victory over the other.

This conflict of personalities was the cause of quarrels and bickerings to such an extent that their children were used as pawns in their personal battles. According to the witnesses presented by the wife the parties seemed to be compatible but this was in a social atmosphere and these witnesses had no knowledge of the prior separations which indicates that they were not close enough to the parties to truly know their personalities.

The rift and discord produced by the conflict of personalities began shortly after their marriage and has existed until the present time. This conflict was so intense that the wife withheld herself from her husband. The husband's need of self satisfaction was so strong that he committed acts of infidelity in 1958 and 1962.

The rift and discord has so destroyed the marriage that the parties could not even enjoy a family trip to Nassau in 1963. There were long periods of time, some up to fourteen months, that the parties would not have marital relations. The parties did not even sleep together prior to the 1964 separation except the last night before the husband left, and on that night the husband's need for self gratification was so great that he had relations with his wife knowing he was going to leave the next day.

The personalities of the parties prevented them from supplying to each other the emotional needs of a stable marriage.

After four years of a continuous separation, the Court is convinced that there is no reasonable hope of reconciliation. There was testimony that with counseling a reconciliation may be possible, but the Court feels that this is too remote. The attitudes of the parties toward each other at the time of the divorce hearing after four years of separation is an indication that rift and discord would continue if they lived together, and that it would so disrupt their children that happiness and harmony could not reasonably be expected. It is truly a shame that a man can take fifteen of the best years of a woman's life and then walk away with only the burden of support for his minor children.

A Decree nisi for incompatibility will be entered as of this date.

The Court allows the wife the sum of $600 for legal expenses. The husband shall pay the Court ...


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