Finkelstein v. Finkelstein

This is an appeal from the judgment.

The facts are not disputed. Plaintiff’s action for divorce alleges that “Said defendant is incurably insane, and has been confined to an institution under the provisions of Chapter I, Part I, Division 6, of the Welfare and Institutions Code of the State of California, since April 20, 1943, and continuously for more than three years preceding the filing of this action.”

Section 108 of the Civil Code provides in part as follows:

“A divorce may be granted on the grounds of incurable insanity only upon proof that the insane spouse has been confined to an…