Ohligschlager v. Ohligschlager

SHINN, P. J.

Defendant James K. Ohligschlager appeals from a decree granting a divorce to plaintiff Barbara Jean Ohligschlager on grounds of mental cruelty. Custody of the parties’ child was awarded to plaintiff, with rights of visitation to the husband. The community property of the parties was divided approximately equally. The court ordered defendant to pay plaintiff $250 per month alimony and support money until a final decree should be entered, whereafter defendant is to pay $75 per month for support of the child. The parties were married on December 28, 1946, at Ventura,

[459]

California. At that time defendant was a first lieutenant in the Army Air Force. They separated in July, 1950.

The court found that: “That during the said marriage of the parties hereto, the defendant treated the plaintiff in a cruel manner and in particular as follows:

“(a) That on numerous and various occasions during the course of the marriage, and so numerous as to constitute a continuous course of conduct, the defendant wilfully failed and refused to discuss with the plaintiff sundry mutual problems of the parties hereto; in particular, these problems related to place of residence of the parties, care of the parties’ child, family finances, and the sex life of the parties hereto.

“(b) That on numerous occasions, and so repeatedly as to constitute a continuous course of conduct on his part, the defendant wholly failed to assume or exercise the ordinary and normal responsibilities of a husband in connection with the social obligations of the parties hereto, in that when the guests were in the home of the parties, the defendant would assume a passive attitude, would fail to take any active part in the conversation, would exercise no init [i] ative in extending hospitalities to such guests or in their entertainment, and would be moody and uncommunicative with the plaintiff and with such guests.

“That all of said conduct on the part of the defendant was wilful [1] and wrongful [1] and without cause or provocation on the part of the plaintiff; that said conduct caused the plaintiff great and extreme mental suffering and anguish, caused her embarrassment and humiliation and so affected her health and happiness that it was necessary for her to, and she did, consult physicians and psychiatrists as a result thereof; that the acts and course of conduct on the part of the defendant destroyed the legitimate objects of matrimony and there is no lik[e]lihood that the marriage can be saved; that a continuation of the marriage would cause a serious hazard to the health of this plaintiff.