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Keywords

plaintifftrialdivorceconciliation
plaintiffdefendanttrialcorporationdivorce

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Torlonia v. Torlonia, 108 Conn. 292, 142 A. 843

Facts

Elsie Moore Torlonia and Marino Torlonia were married in 1907, with the plaintiff residing in Rome until 1925. After suspecting her husband of infidelity with Maria Lorenzoni, the plaintiff confronted him, leading to a violent incident. Following a failed reconciliation, the couple entered a separation agreement approved by an Italian court. The plaintiff returned to the United States in December 1925, intending to abandon her domicile in Rome and establish a permanent residence in Greenwich, Connecticut, where she lived with her children.

At the time of the marriage of the parties, August 15, 1907, the plaintiff, then 19 years of age, and her parents were domiciled in Greenwich; the defendant was, and ever since has been, an Italian subject, domiciled in Rome. Immediately following the marriage, the plaintiff went with her husband to Rome and resided there until 1925. They occupied a building known as the Palace Torlonia which is owned by an Italian corporation known as the Elsie Moore-Marino Torlonia Corporation, in which the plaintiff and her three children have substantially the entire beneficial interest. The house was three stories in height, and contained one or more separate apartments on each floor. The defendant had the life use of an apartment therein.

Issue

The main legal issue was whether the plaintiff could establish a separate domicile in Connecticut independent of her husband, and whether the grounds for divorce based on adultery were sufficient.

The main legal issue was whether the plaintiff could establish a separate domicile in Connecticut independent of her husband, and whether the grounds for divorce based on adultery were sufficient.

Rule

The court applied the principle that a wife may acquire a separate domicile from her husband when justified by the husband's misconduct, allowing for divorce proceedings in the state where she resides.

The court applied the principle that a wife may acquire a separate domicile from her husband when justified by the husband's misconduct, allowing for divorce proceedings in the state where she resides.

Analysis

The court found that the plaintiff had established her domicile in Connecticut after leaving Italy, supported by her intention to reside permanently in Greenwich. The court recognized that the husband's adultery provided sufficient grounds for the plaintiff to separate and establish her own domicile, despite the Italian law that typically required a wife to follow her husband.

The court found that the plaintiff had established her domicile in Connecticut after leaving Italy, supported by her intention to reside permanently in Greenwich. The court recognized that the husband's adultery provided sufficient grounds for the plaintiff to separate and establish her own domicile, despite the Italian law that typically required a wife to follow her husband.

Conclusion

The court upheld the trial court's decision, granting the divorce to the plaintiff based on the established grounds of adultery and recognizing her independent domicile in Connecticut.

The court upheld the trial court's decision, granting the divorce to the plaintiff based on the established grounds of adultery and recognizing her independent domicile in Connecticut.

Who won?

Elsie Moore Torlonia prevailed in the case because the court found sufficient evidence of her husband's adultery and recognized her right to establish a separate domicile.

Elsie Moore Torlonia prevailed in the case because the court found sufficient evidence of her husband's adultery and recognized her right to establish a separate domicile.

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