Rzeszotarski v. Rzeszotarski

(dissenting) :

It is clear from this record that the trial court abused its discretion when it granted the husband a divorce on the ground of voluntary separation and awarded him custody of the child, therefore, I dissent from Parts II and IV of the majority opinion.

The husband entered the United States from Poland in January 1967 under a cultural-scientific exchange program for two years. Within a few months he began an adulterous relationship with a married woman with whom he lived up to the date of trial of this case when the trial court ordered them to separate. The wife, living in Poland,…