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Brittner v. Brittner

Decided: May 29, 1973.

EDUARD BRITTNER, PLAINTIFF,
v.
ROSA BRITTNER, DEFENDANT



McKenzie, J.c.c., Temporarily Assigned.

Mckenzie

Does cohabitation of the parties after the required separation period prevent the granting of a divorce under N.J.S.A. 2A:34-2(d)?

The parties were married in Russia in 1934. Plaintiff served in the German Army and became separated from his wife in 1944. Immediately following the war, he came to the United States. He remained here until March 1971, when he returned for a visit to Germany. He located his wife and for a period of about four weeks they cohabited in Germany. He determined that the marriage relationship could not be resumed and returned to the United States, filing the present suit in December of 1971. His wife at all times has remained a resident of Germany. The two children of the marriage are emancipated.

N.J.S.A. 2A:34-2(d) authorizes a judgment of divorce for

Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation:

provided, further that after the 18-month period there shall be a presumption that there is no reasonable prospect of reconciliation; * * *.

Subsection (e) of the same statute permits a divorce on the grounds of

Voluntarily induced addiction or habitation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c 226 or habitual drunkenness for a period of 12 or more consecutive months subsequent to marriage and next preceding the filing of the complaint * * *. [Emphasis supplied]

And subsection (f) recognizes as a ground for divorce

Institutionalization for mental illness for a period of 24 or more consecutive months subsequent to marriage and next preceding the filing of the complaint * * *. [Emphasis supplied]

Subsection (g) authorizes a divorce where plaintiff has established

Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not ...


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