Kirsch v. Kirsch

MOORE, P. J.

From an interlocutory decree dissolving the marriage, awarding the custody of two minor children, providing for their support and dividing the community property, defendant appeals. He attacks the amended complaint as an insufficient pleading, asserts the findings and judgment are not supported by the evidence and maintains the insufficiency of the evidence. Inasmuch as the amended complaint is attacked in no particular except as to the allegations of cruelty, the validity of the pleading will be made to appear from the discussion of the findings and the evidence.

[273]

The parties were married in October, 1939, and separated in August, 1951. Their life together continued over practically 11 years and 10 months. Their two children are nine and one-half and three years, respectively. Extreme cruelty is alleged as the reason why the marriage must end. In support of her allegations, respondent testified that from the commencement of their married life she undertook to help others and her community as well as her own home, but appellant made fun of her efforts, embarrassed her before the public and in front of his own family and his children; that he called her “the Little Dictator,” and “the Little Communist.” In the first year she worked in the Girl Scout movement, and thereby served the public. Because she had trained in youth work, she helped in the T.W.C.A. To such activities appellant objected. When she attended church he derided it and asked her insinuating questions in the presence of the children. He repeatedly ridiculed her cooking and housekeeping; objected to a cake baked in a round pan and often made jest of her frosting, her manner of handling the children, her study of psychology, and kept her so upset and nervous that she broke out with eczema from which she suffered intensely. He objected to attending any social affair requiring an outlay of money; disliked playing golf or bowling with his wife and worried when he found her not busily occupied. He expressed his displeasure at the birth of their daughter—rather than a son; took her on only two vacations in the years of coverture ; objected to their going on camping or hunting trips. He made their home in an apartment; objected to building a home as too expensive; would not “go in debt for anything. ’ ’

She tried to salvage the marriage by requesting him to join her in consulting a “marriage counselor.” He objected with the statement: “There aren’t any problems I can’t work out myself; you don’t need any one to work out those problems. ’ ’ He opposed all the activities that interested respondent.