Kucera v. Kucera
North Dakota Supreme Court
117 N.W.2d 810 (1962)
Henry Kucera (defendant) on the fault-based ground of extreme cruelty. She offered evidence that Henry routinely called her names and struck her at least once. In his answer, Henry denied Ardis’s claims and counterclaimed for divorce on the grounds of adultery and extreme cruelty. At trial, evidence showed that at the time the couple married, Henry knew Ardis was pregnant with a child by another man, Mr. K. After the birth of a second child with Henry, Ardis refused to have sexual relations with Henry without any physical or health justification for doing so. And one day, Henry discovered Mr. K in the marital home with Ardis. Ardis then admitted that Mr. K had visited regularly for over six months, although she claimed the relationship remained platonic. The trial court granted a divorce to Ardis and Henry appealed.
Rule of Law
Holding and Reasoning (Strutz, J.)
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