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Kucera v. Kucera

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


Facts

Ardis Kucera (plaintiff) filed for divorce from Henry Kucera (defendant) on the fault-based ground of extreme mental cruelty. In his answer, Henry denied Ardis’s claims and counter-petitioned for divorce on the grounds of adultery and extreme cruelty. At trial, the evidence showed that at the time of the marriage, Ardis was pregnant with a first child by another man, Mr. K. After the birth of a second child, Ardis and Henry ceased having sexual relations. Ardis argued that because Henry accepted the first child into his life by virtue of the marriage relationship, Henry should be liable for the payment of child support for the first child, as well as the second child. Ardis also claimed that Henry had called her names and struck her throughout the marriage. Henry argued that the cessation of sexual relations by Ardis constituted willful desertion of their marital relationship. Ardis did not refute Henry’s claim. Henry additionally claimed that Mr. K had called upon their home for months and resumed a relationship with Ardis during the marriage. The trial court granted a divorce to Ardis and ordered Henry to pay monthly child support for the two children. Henry appealed.

Rule of Law

Issue

Holding and Reasoning (Strutz, J.)

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