The husband sought a divorce based on grounds of extreme and repeated mental cruelty. Judge Veronica M. O’Malley, after reviewing the evidence, did in fact deny the husband’s Petition of Dissolution of the marriage and the parties were left stranded in an obviously terminal marriage. The wife was represented by Christopher A. White of the law firm of White, Scott & White. The husband was represented by Gary L. Schlesinger.

The husband was 47 years of age and was currently self-employed as a financial consultant. The wife was 45 years of age and was employed in the field of medical research. The parties were married in 2006 in Las Vegas had no children and limited marital property. Although the wife admitted the marriage was over, she refused to sign consent to allow the proceeding to go forward on the basis of irreconcilable differences. They had not lived separate or apart in an excess of two years.

The wife contended that her husband had been unfaithful. He claimed that his wife had been physically abusive on one occasion and that she had pushed him down knowing that he was suffering from Guillain-Barre. He also claimed that the wife had threatened him on many occasions with a weapon. He also testified that she yelled at him on an almost daily basis.

Judge O’Malley found that with respect to the husband’s accusations most of the testimony was of a conclusive nature. She also found that his testimony was inconsistent with what he had reported to the police. He did not provide details and made very general, broad statements as to the wife’s allegedly abusive verbal behavior. The Judge also noted that no testimony was solicited as to the emotional impact upon him from his questionably credible claim that he only slept two hours each night and had to struggle to go to work. He never defined any time periods or details, but continued to provide conclusory statements.

Judge O’Malley found the wife to be more credible. With respect to his allegation of a physical assault, she noted that he was 6”5 and she was 5”7 and he was the aggressor, but then called the police. The wife testified that she confronted her husband with hotel bills which he never explained or rebutted. She testified that he had admitted to many affairs and he would continue to have affairs on her. He said to her “You are old and ugly and you need to have a stroke.” As to a knife incident, she admitted she had a knife. She was cutting onions and tomatoes and there was no credible proof or evidence that she ever threatened the husband. When the police came to the home and intervened, they simply left the residence. The Judge found that that incident did not occur in the manner in which the husband stated.

Judge O’Malley found that both parties had exaggerated their testimony, and both had been impeached. The wife’s demeanor on the stand was aggressive. The Judge had to admonish her many times to answer the question that was posed to her.

Judge O’Malley defined mental cruelty as a course of unprovoked conduct towards one’s spouse, which causes embarrassment, humiliation and anguish, so as to render the spouse’s life miserable and unendurable. It was clear that the life of both parties here was miserable, and both parties had been incredibly provocative towards each other and incredibly cruel to each other. She also noted that there was no testimony from the husband as to the emotional impact upon him as a result of the wife’s conduct of mental cruelty which was a necessary element.

Judge O’Malley found that that both husband and wife had been guilty of extreme and repeated mental cruelty towards each other, but each also had engaged in provocative conduct. Pursuant to case law, the husband failed to sustain his burden of properly establishing grounds for the dissolution of the marriage. She cited In Re Marriage of Escatel, 226 Ill.App.3^rd 629 (3^rd Dist. 1992) and In Re Marriage of Eltrevoog, 92 Ill.2d 66, 1982.