Title: DONNA M. ZUIDEMA, Appellant, v. LAWRENCE W. ZUIDEMA, Respondent
Court: Appellate Division of the Supreme Court of New York, Third Department
Case Number:
Date: December 10, 1987
Facts:
The parties were married in the Town of Roxbury, Delaware County, on August 16, 1961, and had two children. On August 22, 1985, the plaintiff commenced the instant action for divorce pursuant to Domestic Relations Law § 170 based on cruel treatment. Defendant filed an answer containing the affirmative defense of failure to state a cause of action.
Issue:
Whether the plaintiff has presented sufficient factual evidence to demonstrate that the defendant engaged in a pattern of conduct harmful to her physical or mental health, making cohabitation unsafe or improper, as required for a divorce based on cruel treatment under Domestic Relations Law § 170.
Decision:
- The court affirmed the dismissal of the complaint since the plaintiff failed to present factual evidence of a pattern of conduct by the defendant that was harmful to her physical or mental health, making cohabitation unsafe or improper.
- The court emphasized the requirement of a high degree of proof for a divorce based on cruel treatment, particularly in marriages of long duration.
- The court noted that the plaintiff failed to provide medical evidence to support her claim of harm.
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