Stevens v. Stevens
Stevens v. Stevens
Opinion of the Court
Reversing.
Appellee brought this suit for absolute divorce against appellant on the ground of cruel treatment and asked for custody of tbeir only child, Molly Sue Stevens, about two years of age. She counterclaimed, praying for absolute divorce from him on the same ground and the additional ground of cruel beating and injury, and asked for custody of the child. She further prayed for lump sum alimony in the sum of $3000 and reasonable monthly
Appellee, at the time he gave his .deposition on August 11, 1919, was 21 years of age, and was employed by the C. & 0. Railroad as a machinist. According to his testimony, he made approximately $320 per month when he worked on Sundays and holidays, and took all the overtime he could get, but that without this extra work, he made approximately $110 per month. At the time he testified, he had been laid off from his job on account of strikes in the coal mines and was drawing only $20 per week as unemployment compensation. Presumably he. has now returned to his regular work, but the record does not disclose this. According to his testimony, he owes $31 for furniture and owes his father $800 for money which his father had loaned him from time to time to help pay on an automobile, to buy clothes when he got out of the navy, and to help in building his house. He has two lots in the town of Platwoods in Greenup County, which cost him $200 each, and on one of these he is building a four room house of which three rooms are completed and in which the family lived. He owns the furniture of three rooms which is paid for, except the $31 mentioned above, but its value is not shown. According to his testimony, the present sale value of the house and two lots he owns is from $2500 to $3000. This presents appellee’s financial condition as shown by his evidence.
Appellant is 26 years of age and was married to
The marital difficulties between these parties appear to have developed entirely from maladjustment of their sex relations. There appears to have been no trouble of any consequence between the parties until after the baby was born, which was in December 1947. Appellee’s evidence goes to show that after the birth of this baby, appellant did not want any more children and either refused sexual intercourse with him at times or required him to use contraceptives or to complete the act in some abnormal way that would prevent her from again becoming pregnant. According to his testimony, she had refused- intercourse with him altogether during the three weeks prior to their final separation and his institution of this suit for divorce. He also testified that she nagged him and quarreled with him, but from reading the evidence as a whole, there does not appear to have been any more nagging or quarreling than occurs in the usual husband-wife relationship. Such as there was appears to have arisen from their sex relations and his desire for more sexual intercourse than she was willing to freely submit to. She admitted on cross-examination that after the baby was born she didn’t have any sexual desires but submitted to sexual intercourse when he demanded it. According to her testimony, she did not absolutely refuse sexual intercourse with him but one time, about a week before the separation, and he fought her on that occasion. She also testified that he struck her on two other occasions resulting in bruises on her breast and arms. She left him after one of the combats but returned to him later. According to her testimony, she did the usual work of a housewdfe about the house, including the family washing.
In their briefs, both sides cite many cases from this Court to substantiate their respective contentions that alimony should not be allowed or that it should be. We have read, and are familiar with, all these cases, but the facts in each of them are different and the question of alimony and maintenance, and the amount thereof, depends on the facts of each particular case. From a con
Wherefore the judgment is reversed with directions to enter one in accordance herewith.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.