Hagerty v. Hagerty – No Fault Divorce
Hagerty v. Hagerty, 281 N.W.2d 386 (Minn. 1979).
NATURE OF THE CASE: This family law divorce case involved an appeal from a judgment granting a petition for dissolution.
FACTS: Ms. Hagerty (W) and Mr. Hagerty (H) were married in 1947 and moved to Minnesota in 1965. At the time of the dissolution proceedings they had five children ranging from 17 to 28 years of age. H had difficulty maintaining employment but was working at the time of the trial and W has worked since 1973.
The three youngest children had developed serious drug abuse and behavior problems during the last few years of marriage. Eventually H’s alcoholism became apparent in family counseling and W asked H to leave the home when he refused to seek treatment. H moved out in August and filed for a divorce in September. Several attempts at reconciliation were made but failed. W claimed that the marriage could be saved if H addressed his drinking. The trial court dissolved the marriage.
ISSUE: Under what circumstances can a no fault divorce be granted?
RULE OF LAW: In order to dissolve a marriage under no fault, the court simply must make a determination that for all intents and purposes the marriage is merely a hollow sham beyond any hope of reconciliation or repair.
HOLDING AND DECISION: The issue of breakdown calls for a factual determination. The court therefore could properly consider the impact of treatment upon both H’s attitude and the existence of serious marital discord. However, under our statute there is no call for a separate determination of the likelihood of reconciliation. H’s untreated alcoholism therefore cannot defeat findings of serious marital discord and irretrievable breakdown. W presents compelling evidence that treatment for alcoholism should be attempted before the marriage is dissolved. Our position however is consistent with the settled rule that extensions of statutory provisions are to be made by the legislature rather than the courts. We will not apply an exception for alcoholism.
DISPOSITION: Affirmed.