Husband D. v. Wife D

383 A.2d 302 (1977)

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Nature of the Case

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Facts

H was 62 and W was 46 at the time this case was heard. They were married and lived together for six years. They both drank during the marriage. W began to drink more heavily as time went on. Eventually, their life consisted of just drinking all day and for entertainment, they would go to various bars to continue drinking. The marriage broke down when H came home and found W passed out in her underwear in an intoxicated condition. A few weeks later, W required hospitalization on at least three occasions for alcohol and undernourishment. W claims that H was just as affected by his drinking as she was. The court concluded from the evidence that both were alcoholics and that both had been unable to control their addictions. W claims that the divorce should be denied because both drank heavily before being married and such a fault was not serious enough to grant a divorce. The court then addressed the issue of condonation and connivance and found that H was not an injured and innocent party and his own drinking habits were equal to or greater than W's.