Kucera v. Kucera

Ardis Kucera (plaintiff) filed for divorce from Henry Kucera (defendant) on grounds of extreme mental cruelty; Henry counter-petitioned alleging adultery and extreme cruelty. At trial, evidence showed Ardis was pregnant by another man, Mr. K, at the time of her marriage to Henry, and that the couple stopped having sexual relations after their second child's birth; Henry argued this cessation constituted willful desertion, which Ardis did not dispute. Henry also claimed Mr. K had continued visiting their home and had resumed a relationship with Ardis during the marriage. The trial court found for Ardis and ordered Henry to pay child support for both children; Henry appealed.