Kucera v. Kucera

117 N.W.2d 810 (1962)

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Kucera v. Kucera

North Dakota Supreme Court
117 N.W.2d 810 (1962)

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Facts

When Ardis Kucera (plaintiff) married Henry Kucera (defendant), both parties were aware that Ardis was pregnant with a child fathered by another man, Mr. K. During the marriage, Ardis gave birth to that child and to a second child fathered by Henry. The couple’s marriage was troubled, and Ardis eventually filed for divorce from Henry on the fault-based ground of extreme cruelty. Ardis offered evidence that Henry routinely called her names and struck her at least once. In Henry’s answer, he denied Ardis’s claims and counterclaimed for divorce on the grounds of adultery and extreme cruelty. At trial, Henry offered evidence that since the birth of the second child, which occurred over two years before the divorce petition, Ardis refused to have sexual relations with Henry without any physical or health justification. Additionally, one day, Henry discovered Mr. K in the marital home with Ardis. Ardis then admitted that Mr. K visited regularly for over six months, although she claimed the relationship remained platonic. The trial court granted Ardis’s divorce petition, and Henry appealed.

Rule of Law

Issue

Holding and Reasoning (Strutz, J.)

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