Lovell v. Lovell
Opinion of the Court
Appeal from a judgment of the Supreme Court, entered June 19, 1979 in Ulster County, upon a decision of the court at a Trial Term, without a jury, in favor of plaintiff. Plaintiff commenced an action for divorce on the ground of cruel and inhuman treatment on December 8, 1976, and defendant counterclaimed for a divorce on the ground of abandonment. After a trial without a jury, the court granted judgment to plaintiff dissolving the marriage on the ground of cruel and inhuman treatment, and dismissed defendant’s counterclaim for failure of proof. Defendant appeals from the judgment contending that plaintiff failed to meet the burden of presenting the high degree of proof of cruel and inhuman conduct by defendant, which renders continued cohabitation unsafe and improper, which is required to dissolve a marriage of long duration, in this case 22 years, and that plaintiff’s complaint should, therefore, have been dismissed. He also contends that there was ample proof in the record of the abandonment of defendant by plaintiff, and that his counterclaim should not have been dismissed. The parties were married in 1954. There are two children of the marriage who are both over 21 years of age. In 1969, defendant was employed as a prison guard and it was decided by the parties that he would give up that position and attend a school for funeral directors in Syracuse, New York. Defendant went to Syracuse and obtained a degree in mortuary science. He then" served a one-year apprenticeship with a funeral director in Albany. During this time, plaintiff remained in Ulster County and simultaneously held three jobs to support herself and the children and maintain their home. While attending school, defendant held a part-time job with a youth rehabilitation center. During his apprenticeship he received a minimum salary from the employer. In 1973, the parties purchased a funeral home in Waverly, New York. The parties agreed that their home in Ulster County should be sold and that plaintiff should continue to occupy it until it was sold. Their daughter was attending a community college in Ulster County and remained with plaintiff. Their son accompanied defendant to Waverly, where he was enrolled in school. It was contemplated that the home would be quickly sold, but it took 30 months before the home was sold in April, 1976. Within the first week after plaintiff moved to the Waverly home she became engaged in an argument with her son, and defendant
Case-law data current through December 31, 2025. Source: CourtListener bulk data.