# Liberto v. Liberto

> Supreme Court of Pennsylvania · January 23, 1987 · 360 Pa. Super. 284

URL: https://www.frixlaw.com/law-library/cases/9649461

## Case

- **Full name:** Joyce Elizabeth LIBERTO, Appellee, v. Samuel Albert LIBERTO, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** January 23, 1987
- **Citations:** 360 Pa. Super. 284; 520 A.2d 458; 1987 Pa. Super. LEXIS 6913
- **Precedential status:** Published
- **Opinion:** Concurrence by Cavanaugh
- **Judges:** Cavanaugh, Wieand, Johnson
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9649461

## Opinion text

CAVANAUGH, Judge,
concurring:
I concur in the result achieved by the majority since I believe that the record created in the court below demonstrates that the parties’ marriage was irretrievably broken. I write separately to emphasize that the counseling provisions contained in the Divorce Code are intended to be utilized whenever it appears that there is a reasonable prospect of reconciliation between the parties and that such a determination should not be avoided merely upon the testimony of one party that the marriage is irretrievably broken. One party may not effectively nullify the counseling provisions through a simple recitation that in his or her belief the marriage is irretrievably broken.
The record before us contains far more than the mere assertion by one party of irretrievable breakdown. Rather the evidentiary hearing conducted by the lower court establishes that the entire course of dealing between the parties since August 1982 contained little or no efforts by either party to preserve the marriage.
The unilateral termination of a marriage without the benefit of counselling is not a step to be undertaken lightly by the courts. It is only upon a complete record, such as that present in this case, that a determination of irretrievable breakdown should be made and counseling not be required.
JOHNSON, J., joins this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9649461. Public record. Not legal advice.