Lavota v. Lavota

This is an appeal by the defendant husband, Florian Lavota, from a judgment granting an absolute divorce to the plaintiff wife, Mary Lavota. We reverse and remand to the trial court.

The plaintiff wife sued for an absolute divorce on the grounds of cruel and inhuman treatment. The husband counterclaimed for an absolute divorce on the same grounds. The parties were married on July 28,1951; and at the time of the divorce the plaintiff was forty-three years old and the defendant forty-seven years old. Four children were living at home at the time of the divorce. Their respective ages were…