Figueroa v. Figueroa

This is an action for divorce upon the grounds of cruel and inhuman treatment.

The parties were married in 1945; the acts of cruelty took place in or about May, 1950, and they have lived separate and apart since 1951. Plaintiff commenced this action by service of a summons on May 2, 1970, and defendant appeared by filing a notice of appearance but has defaulted in pleading.

The main issue before the court is whether plaintiff is entitled to a judgment of divorce where the acts of cruelty admittedly took place approximately 20 years before the action was commenced and the defendant had defaulted…