Rensch v. Rensch

381 A.2d 925, 252 Pa. Super. 294, 1977 Pa. Super. LEXIS 2986
CourtSuperior Court of Pennsylvania
DecidedDecember 28, 1977
Docket1248
StatusPublished
Cited by6 cases

This text of 381 A.2d 925 (Rensch v. Rensch) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rensch v. Rensch, 381 A.2d 925, 252 Pa. Super. 294, 1977 Pa. Super. LEXIS 2986 (Pa. Ct. App. 1977).

Opinions

JACOBS, Judge:

Beverly Kouri Rensch brings this appeal from a divorce decree entered by the Common Pleas Court of Montgomery County. Appellant alleges that the lower court erred in dismissing her exceptions to the Master’s report and in adopting the Master’s recommendation to grant the divorce. Appellant cites three bases upon which she believes the lower court’s decision should be reversed: (1) neither the Master nor the lower court found as a fact that appellee was an innocent and injured spouse; (2) the evidence presented is insufficient to sustain any finding that appellee was an innocent and injured spouse; (3) the evidence is insufficient to support a divorce decree on the grounds of indignities. For the reasons stated below, we affirm.

[297]*297The parties were married on November 8, 1974, in Montreal, Canada, and took up residence in Pennsylvania immediately. Difficulties between the parties began within weeks of the wedding and continued until appellant left the marital home on July 25, 1975. She has not returned. On August 26, 1975, appellee filed a complaint in divorce against appellant alleging indignities. One child, Joshua Raymond Rensch, was born of this marriage.

Following three hearings, the Master in this case filed a report recommending that a divorce be granted. Appellant’s exceptions were denied and the lower court granted a divorce to appellee on February 28, 1977.

It is the responsibility of this Court to make a de novo evaluation of the record in divorce proceedings and to decide independently of the master and lower court whether a legal cause of action in divorce exists. Nacrelli v. Nacrelli, 288 Pa. 1, 136 A. 228 (1927); Coxe v. Coxe, 246 Pa.Super. 231, 369 A.2d 1297 (1976); Steinke v. Steinke, 238 Pa.Super. 74, 357 A.2d 674 (1975). With the exception of issues of credibility to which the Master’s findings should be given the fullest consideration, the Master’s recommendation is advisory only. Schrock v. Schrock, 241 Pa.Super. 53, 359 A.2d 435 (1976); Gehris v. Gehris, 233 Pa.Super. 144, 334 A.2d 753 (1975). Because of our power to make a de novo review of the record and an independent determination of whether a divorce should be granted “. . . even . formal inadequacies in the master’s report . . . would not be [a] ground for reversal.” Smith v. Smith, 206 Pa.Super. 310, 316-317, 213 A.2d 94, 97 (1965).

This Court has the power to reverse the lower court’s or the master’s finding concerning whether a spouse is innocent and injured. See, e. g., Eifert v. Eifert, 219 Pa.Super. 373, 281 A.2d 657 (1971). We also have the power to make that determination initially. While it is true that here neither the master’s report and recommendation nor the lower court’s opinion explicitly found appellee to be the innocent and injured spouse, such a finding is implicit in the entry of the divorce decree on the basis of indignities. Upon [298]*298a review of the record, we find sufficient evidence to explicitly hold that appellee is an innocent and injured spouse.

To be innocent and injured, a spouse need not be totally free from fault. Bonawitz v. Bonawitz, 246 Pa.Super. 257, 263, 369 A.2d 1310, 1313 (1976); Gray v. Gray, 220 Pa.Super. 143, 147, 286 A.2d 684, 687 (1971). However, if the parties are equally at fault, no divorce will be granted. Murphy v. Murphy, 204 Pa.Super. 576, 578, 205 A.2d 647, 649 (1964). Indignities to the spouse claiming to be innocent and injured which were provoked by that spouse cannot constitute grounds for divorce unless the other spouse’s retaliation is excessive.1 Verbeck v. Verbeck, 160 Pa.Super. 515, 521, 52 A.2d 241, 244 (1947).

We do not find that appellee, here, was totally free from fault. We do not believe, however, that appellee’s faults were sufficient to provoke the degree of indignities levelled against him by appellant. Appellant may have been justified in being hurt and angry when appellee spent many evenings away from home, either at work or with his parents, and when he failed to provide for appellant’s needs as she desired. But, such actions are not sufficient justification for the attacks on appellee’s character and profession which appellant verbalized to their friends and to appellee’s patients.2 Because appellant’s indignities against appellee were out of proportion to any adverse reaction his behavior should have provoked, we find appellee to be an innocent and injured spouse.

An innocent and injured spouse may be granted a divorce when it is found that the other spouse has subjected him or her to “such indignities . . . as to render his or her condition intolerable and life burdensome.” The Act of May 2, 1929, P.L. 1237, § 10, as amended, the Act of March 19, [299]*2991943, P.L. 21, § 1, 23 P.S. § 10(l)(f). Our courts have never developed a standard definition of indignities, but rather have evaluated the facts of each case separately in determining whether there exists a basis for granting a divorce.

“Indignities may consist of vulgarity, unmerited reproach, habitual contumely studied neglect, intentional incivility, manifest disdain, abusive language, malignant ridicule, and every other plain manifestation of settled hate and estrangement.”

DeBias v. DeBias, 245 Pa.Super. 266, 272, 369 A.2d 396, 399 (1976); Schrock v. Schrock, 241 Pa.Super. at 58, 359 A.2d at 438; Gehris v. Gehris, 233 Pa.Super. at 148, 344 A.2d at 754; and cases therein cited.

It has thus generally been determined that such conduct must constitute a course of behavior which is humiliating and degrading, inconsistent with the injured individual’s position as a [spouse], making that condition intolerable and life a burden to [the spouse]. A single act of indignity is not sufficient, but a course of treatment “of such character as to render the condition of any [person] of ordinary sensibility and delicacy of feeling intolerable and [his or] her life burdensome,” will present grounds for divorce. [Citation omitted.] Such conduct is understood to manifest the spirit of malevolence, hate and estrangement which has come to replace natural love and affection in a marriage and is central to a charge of indignities. [Citation omitted.] (Emphasis in original.)

Steinke v. Steinke, 238 Pa.Super. at 78, 357 A.2d at 676.

Our review of the record reveals that shortly after this marriage began, appellant commenced a course of conduct which we find sufficient to render appellee’s condition intolerable and his life burdensome.

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Rensch v. Rensch
381 A.2d 925 (Superior Court of Pennsylvania, 1977)

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Bluebook (online)
381 A.2d 925, 252 Pa. Super. 294, 1977 Pa. Super. LEXIS 2986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rensch-v-rensch-pasuperct-1977.