Woman here files

to divorce another

By W. James Van Vliet

A first was recorded in Ohio courts yesterday when a Parma woman filed for a divorce from another woman, her common-law mate, in Cuyahoga County Common Pleas Court.

According to the action, Beverly Irwin, 37, of 1611 Keystone Rd., is seeking the divorce from Carol Lupardus, 35, of 8525 Craigleigh Dr., Parma.

Ms. Irwin's lawyer, Walter H. Rubinstein, said the two were married June 7, 1972, "in a ceremony during which both exchanged vows and rings and ever since have been bound to one another in marriage."

Rubinstein said the action is not a test case from the homosexual community. He said that some similar cases have been filed in California and one in Illinois but that a computer check of Ohio legal history shows no such case appearing in this state before.

Asked if he thought the courts would allow the action, Rubinstein said state law makes no mention that man must marry woman or vice versa.

"What we are trying to establish here is that a common-law marriage exists," Rubinstein said. He said the common-law marriage requirements are intent on both persons' parts to be married, cohabitation and that they hold themselves to the community as married.

"This they have done for more than six years,” he said.

The suit seeks division of mutually owned property, including the house on Craigleigh, household furnishings and some bonds. It seeks a restraining order to keep Ms. Lupardus from disposing of the property.

The suit was assigned to Judge James D. Sweeney, who was not present yesterday. Judge Patrick F. Gallagher declined to issue that order, saying he was reluctant to rule in another judge's case.

The suit charges that, during the marriage, Ms. Lupardus treated Ms. Irwin with extreme cruelty and grossly neglected her, wrongfully inflicting mental suffering. It states that no children were born, artificially conceived or adopted during the marriage.