Lynch v. Lynch
Massachusetts Court of Appeals
1 Mass. App. 589, 304 N.E.2d 445 (1973)
- Written by Tammy Boggs, JD
Facts
Joseph Lynch (plaintiff) and Eva Lynch (defendant) had been married for over 50 years and had lived separately since 1931. In the early 1970s, Joseph requested that the court grant him a divorce on grounds of (1) cruel and abusive treatment and (2) desertion. Joseph introduced credible evidence of two incidents that had occurred between him and Eva: (1) in 1965, she had gone into his barber shop to ask for money, and there had been an “exchange of epithets” between the two; and (2) in 1967, Eva had called Joseph a “faker” after a court hearing regarding spousal-support obligations. The trial court dismissed Joseph’s request for a fault-based divorce, finding no evidence of desertion and insufficient evidence of cruelty. Joseph appealed.
Rule of Law
Issue
Holding and Reasoning (Keville, J.)
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