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Desrochers v. Desrochers

Supreme Court of New Hampshire
347 A.2d 150 (N.H. 1975)


Facts

Dana Desrochers (plaintiff) filed for divorce from Real Desrochers (defendant) after approximately three years of marriage and the birth of their daughter. During the period of separation, Dana and Real agreed to custody, visitation, and child support with respect to their daughter. The trial court approved the agreement. At a hearing, Dana testified that she had filed the divorce petition, because she no longer loved Real, Real lacked stable employment, and Real had told her he did not want a daughter and instead desired a son. However, Dana further testified that upon the birth of their daughter, Real became very attached to their daughter, visited their daughter weekly during the period of separation, and made child-support payments as best he could. Real testified that he did not want a divorce and still loved Dana and their daughter. The trial court failed to rule on whether a divorce should be granted. Dana appealed.

Rule of Law

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Issue

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Holding and Reasoning (Kenison, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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