DiRosa v. DiRosa

This is an appeal by the wife from a decree entered in the Probate Court denying a petition to vacate a decree nisi for divorce granted to the husband on the grounds of cruel and abusive treatment. There was evidence that the husband was a frequent visitor at the home of another woman. However, there was no evidence of any display of affection between them. The fact that the parties had ample opportunity to commit adultery is not, of itself, grounds for divorce. Murphy v. Murphy, 244 Mass. 110, 113. There must be some evidence of speech or conduct indicating an adulterous disposition. See…