Fontaine v. Fitzpatrick

AUGUST A. NOBILE, Jr., Judge Pro Tem.

This is an appeal from that portion of a divorce judgment adjudging the wife “not to be without fault”, and refusing her alimony.

On September 29, 1970, the plaintiff-appellant, Mrs. Valerie Fitzpatrick, instituted suit against the defendant-appellee, Philip C. Fitzpatrick, Jr., asking for a separation from bed and board on the grounds of abandonment and alternatively on the *540grounds of mental cruelty. Subsequently on October 22, 1970 there was filed into the record a waiver signed by Mr. Fitzpatrick waiving his rights under the Soldiers’ and Sailors’ Relief…