Chalmers v. Chalmers

320 A.2d 478, 482-483(N.J. 1974)

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Nature of the Case

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Facts

W filed suit in 1970 for divorce on grounds of desertion. H counterclaimed charging adultery. The matter was awaiting trial when the amended Divorce Act, became valid. W then amended her complaint to seek a 'no-fault' divorce under the new statute based on 18 months separation of the parties with no reasonable prospect of reconciliation. At trial, W admitted she had had an adulterous relationship with a third party. She testified that when she told H that she was pregnant by another man, H moved out of the house. Her attorney stated to the court that W was not looking for alimony, but did want support for the one child of the marriage and 'a division of assets. The trial court awarded H a divorce on his counterclaim. W got custody of their child and child support and was awarded 20% of H’s assets. W appealed.