Hangar v. Hanga Civ. No. D

1382-74 (D.C. Super. Ct. Aug 31, 1974)

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Nature of the Case

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Facts

W filed a petition for absolute divorce on grounds of adultery. W also seeks custody of a 13-year-old daughter, child support, and alimony and a division of jointly owned property. H answered pleading estoppel in that there can be no issue with respect to property rights since the parties by agreement in 1972 settled all matters pertaining to property rights, alimony, and residence of the minor child. H also filed a counterclaim for absolute divorce based on voluntary separation. The couple was married in 1957 and by 1971 H became aware that W was having an adulterous relationship. H confronted W, and that did no good. W persisted in her activities. The couple then worked out a separation agreement that disposed of their jointly owned property and that a substantial lump sum of money would be paid W as well as monthly payments for twelve months in lieu of claims of alimony. There was no custody provision worked out for their daughter, but she would remain with H with W having visitation rights. The separation agreement allowed the couple to live as if they were sole and unmarried. W then left for Philadelphia and lived with her paramour, a married man, until her return in 1973 and then the filing of this action. H relying on the agreement began relations with other women.