Anonymous v. Anonymous
Supreme Court of New York for Nassau County
236 N.Y.S.2d 288 (N.Y. Sup. Ct. 1962)
Relevant factsFree
The husband (plaintiff) sued for divorce based on the wife's (defendant) adultery, which she continued even after being told she would be followed; the wife's psychiatrist diagnosed her with a schizophrenic-affective disorder impairing her sense of right and wrong, but the husband's psychiatrist testified she was merely emotionally unstable and fully understood her actions, and the trial court granted the husband's petition.
IssueFree
Whether insanity must be proven by a preponderance of the evidence to be a defense to adultery in a fault-based divorce proceeding.