Napolitani v. Napolitani
Napolitani v. Napolitani
Opinion of the Court
OPINION
By the Court,
Regina has appealed from a judgment of divorce in favor of her husband Vincent. While she lists five assignments of error, four of them have to do with Vincent’s
The parties were married in Las Vegas, Nevada, January 25, 1960. Vincent had lived there since 1953, pursuing his trade as a bartender. In 1959 he met Regina in New Jersey, the parties corresponded, and Regina came to Las Vegas on January 17, 1960, where the parties were married the following week. Vincent was a widower, with two teen-age boys.
(1) The marriage was a stormy one. The court had before it ample evidence to support a conclusion that either party was entitled to a decree of divorce on the ground of extreme cruelty, physical as well as mental. She scored a hit on him with a flatiron; he beat her to the extent that she required hospitalization. She indicated that she still loved him, forgave him for everything, and desired a reconciliation. To him this was unthinkable.
On all points as to which Regina asserts there is a lack of evidence to support the court’s findings (cruelty on her part, lack of provocation on Vincent’s part, lack of condonation by Vincent by the asserted sexual intercourse of the parties following Regina’s acts of cruelty) the evidence was in conflict, but there was substantial evidence to support the findings.
(2) At the conclusion of the testimony the court said: “This appears to be one of those unfortunate situations. It doesn’t appear necessarily to arise out of the original fault of either party. It is not easy for a woman to walk into an established family situation, particularly where she has had no prior experience. I feel that there has been fault on both sides here, and I believe firmly that the ends for which this marriage was originally entered into have fallen apart, and I don’t believe it would serve any social purpose or any purpose to the plaintiff or the defendant that this marriage continue.” The court then inquired of Regina’s
After commenting on this, the learned trial judge proceeded: “First I might say this — on the face of it I think the plaintiff has been guilty of cruelty. He has admitted on the stand that he struck the defendant, even though he stated that there was provocation; however, it appears clear to me that there is ample evidence of at least mental cruelty on the part of the defendant.
“In view of the fact that Mrs. Napolitani does not and refuses to accept a divorce, I certainly cannot force her to.
“A decree of absolute divorce will be entered in favor of the plaintiff Vincent Napolitani.”
Under the facts our present statute is ample justification for the findings and judgment. NRS 125.120 reads as follows: “Parties to whom court may grant divorce. In any action for divorce when it shall appear to the court that both husband and wife have been guilty of a wrong or wrongs which may constitute grounds for a divorce, the court shall not for this reason deny a divorce, but in its discretion may grant a divorce to the party least in fault, if both parties seek a divorce, otherwise to the party seeking the divorce, even if such party be the party most at fault.”
Recrimination has its basis in the clean hands doctrine of equity. Divorce being an equitable remedy, the
There was, in our opinion, no abuse of the court’s discretion in applying that doctrine.
Affirmed. No costs are allowed.
Reference
- Full Case Name
- REGINA M. NAPOLITANI v. VINCENT J. NAPOLITANI
- Cited By
- 1 case
- Status
- Published