Fitzgerald v. Fitzgerald

Opinion of the Couet by

Judge Cammack

Reversing.

John Fitzgerald instituted this action in January, 1940, to obtain an absolute divorce from his wife upon the ground of abandonment. She and the children of the parties, three of whom were under 16 years of age at the time this action was instituted, had been living in Illinois for several years. In March, Mrs. Fitzgerald filed an affidavit in which she set forth that she had the custody of the children; that she had no means of supporting them and herself; and that the appellee was not contributing to their support and that he was regularly…