Williams v. Williams

McCOMB, J.—

Plaintiff appeals from (1) that portion of an interlocutory decree of divorce which awards community property to defendant and grants defendant the right to visit and have possession of the minor children of the parties on alternate weekends, and (2) an order of the trial court modifying the interlocutory decree of divorce by granting plaintiff $1.00 per month for her maintenance and support instead of $100 per month as originally awarded in the interlocutory decree of divorce.

1. Interlocutory Decree of Divorce.

(a) Did the trial court err in dividing the community property between the parties?

No.

When a divorce is granted on the ground of extreme cruelty the innocent party must be awarded more than one half of the community property.

(Tipton

v.

Tipton,

209 Cal. 443, 444 [288 P. 65];

Gaeta

v.

Gaeta,

102 Cal.App.2d 87, 88 [226 P.2d 619].)

In the instant case the community property was of the value of $23,850. Of this plaintiff was awarded property of the value of approximately $13,200 and defendant was awarded property of the value of approximately $10,650. In the absence of an abuse of discretion the decision of the trial judge as to the division of community property is final.

(Cunha

v.

Cunha,

8 Cal.App.2d 413, 416 [48 P.2d 130].) In view of the division made it cannot be said that there was an abuse of discretion.

(b) Did the trial court err in providing in the interlocutory decree of divorce that defendant had the right to visit the minor children of the parties and to award their custody to him on alternate weekends?

No.

It is within the power of the trial court in making disposition of minor children of divorced parents to award the care, custody and control thereof to either the innocent