Benscoter v. Benscoter
Superior Court of Pennsylvania
188 A.2d 859 (Pa. Super. Ct. 1963)
Mr. Benscoter (plaintiff) and Mrs. Benscoter (defendant) had been married since 1946 and had four sons; in 1958 Mrs. Benscoter was diagnosed with multiple sclerosis, which caused slurred speech, difficulty walking, and frequent falls. In 1962, after roughly fifteen years of marriage, Mr. Benscoter filed for divorce, alleging Mrs. Benscoter had verbally abused him over the couple's lack of a daughter; at the hearing, Mrs. Benscoter testified she had suspected him of an affair. A master recommended granting the divorce, but the trial court dismissed Mr. Benscoter's petition, and he appealed.
Whether a spouse's allegedly abusive conduct that results from a progressive illness such as multiple sclerosis provides grounds for divorce for the other spouse.