Brief Fact Summary. Mrs. Reid was unhappy with various aspects of her marriage to Dr. Reid and his constant work schedule. Mrs. Reid sought a divorce on the grounds of constructive desertion, Dr. Reid responded claiming divorce on desertion.
Synopsis of Rule of Law. Proof of an actual breaking off of matrimonial cohabitation combined with intent to desert constitutes desertion as grounds for divorce. However, reasons for leaving the marriage other than an intent to desert may justify discontinuance of the relationship without giving rise to grounds for divorce.
Issue. Did the circumstances both parties attest to provide justification as a matter of law for Mrs. Reid leaving the marriage?
Held. By deserting the marriage without legal justification Mrs. Reid forfeited her right to spousal support. Therefore, the commissioner erred by not granting Mr. Reid divorce on grounds of desertion.
Mrs. Reid claims she was justified when she moved out in 1984 because her emotional health was endangered because of four marital problems. The first of these problems was sexual inactivity. The couples’ sexual pattern was infrequent, with Dr. Reid suffering periods of impotency. However, this pattern was developed between the couple from almost the beginning of the marriage, and Dr. Reid’s impotency was not within his sole control.
The second problem and third problems Mrs. Reid claims is Dr. Reid’s excessive work habits and related failure to assist in the disciplining and rearing of their children. Dr. Reid held more than one job from the beginning of the marriage and worked extensive hours. However, placing fault on Dr. Reid for this would require the Court to draw a fine line where perhaps he excelled in one duty to the family (providing for them) at the sacrifice of another duty.
The final marital complaint of Mrs. Reid was a lack of intimacy within the marriage. This complaint seems to be only a reflection of different personalities of these marital partners and their different method of relating to one another. It is no more than a general complaint of unhappiness, and is an unfortunate risk in all marriages.
These problems reflect at most a gradual breakdown in the marriage. However, the cause of Mrs. Reid’s unhappiness cannot be attributed factually or legally solely to the conduct of Dr. Reid. Because proof of an actual breaking off of matrimonial cohabitation combined with intent to desert constitutes desertion as grounds for divorce, Mrs. Reid forfeited her right to spousal support.
On appellate review, a divorce decree is presumed correct and will not be overturned if supported by substantial, competent, and credible evidence.View Full Point of Law