Goodnight v. Goodnight

735 So. 2d 809, 1999 WL 274827
CourtLouisiana Court of Appeal
DecidedMay 5, 1999
Docket98-1892
StatusPublished
Cited by15 cases

This text of 735 So. 2d 809 (Goodnight v. Goodnight) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodnight v. Goodnight, 735 So. 2d 809, 1999 WL 274827 (La. Ct. App. 1999).

Opinion

735 So.2d 809 (1999)

Anna L. GOODNIGHT, Plaintiff-Appellee,
v.
William GOODNIGHT, Defendant-Appellant.

No. 98-1892.

Court of Appeal of Louisiana, Third Circuit.

May 5, 1999.

*811 David L. Wallace, De Ridder, for Anna L. Goodknight.

Martha Ann O'Neal, De Ridder, for William Goodknight.

Before: DOUCET, C.J., COOKS, and PICKETT, JJ.

DOUCET, Chief Judge.

Defendant, William Goodnight, appeals a judgment of the district court finding his ex-wife, Anna L. Goodnight, free from fault in the break-up of their marriage, awarding Ms. Goodnight $750.00 per month in alimony through May 31, 1999, and $1,000.00 thereafter, and ordering him to pay the first and second mortgages on the family home, in which he is living with the couple's major son. We affirm the judgment of the trial court.

FACTS

Anna and William Goodnight were married in Utah in August 1980. Mr. Goodnight worked for the federal government and the couple moved several times in connection with Mr. Goodnight's job. When Mr. Goodnight was transferred to Ft. Polk, Louisiana, the couple established their matrimonial domicile in DeRidder, Louisiana.

In the fall of 1996, Mr. Goodnight was sent to Ft. Lee, Virginia for schooling. While in Virginia he began an adulterous relationship with Cindy Marks. In early 1997, Ms. Marks called the Goodnight residence and Ms. Goodnight learned of the affair. Mr. Goodnight admitted his indiscretion, asked forgiveness and the couple reconciled.

Sometime thereafter ("when" is a disputed issue in the case), Mr. Goodnight went on a three day business trip to Atlanta. Ms. Marks met him in Atlanta. After the trip Ms. Marks called Mrs. Goodnight and revealed that she had met Mr. Goodnight in Atlanta. From that point on the *812 Goodnight's marriage relationship rapidly deteriorated and in November 1997, Mrs. Goodnight left the matrimonial domicile. On December 3, 1997, Mrs. Goodnight filed for a divorce alleging adultery as the grounds. Mr. Goodnight filed an answer and reconventional demand on December 15, 1997, and in a hearing on December 18, 1997, he was granted use of the family home.

A judgment of divorce was granted on June 25, 1998, and a hearing to determine fault and post divorce, spousal support was scheduled for August 24, 1998. In that hearing the trial judge found Mrs. Goodnight free from fault; ordered Mr. Goodnight to pay $750.00 per month alimony through May 31, 1999, and $1,000.00 thereafter; reaffirmed Mr. Goodnight's right to reside in the family home; and ordered him to continue to pay the two mortgages on said home. It is from that judgment that Mr. Goodnight appeals alleging eight errors by the trial court.

LAW AND DISCUSSION

Appellant first alleges the trial judge erred in finding Mrs. Goodnight free from fault in the break-up of the marriage. We agree with the legal definition of fault as discussed by our brethren of the Second Circuit in Guillory v. Guillory, 626 So.2d 826, 829 (La.App. 2 Cir.1993):

"Fault" contemplates conduct or substantial acts of commission or omission by a spouse violative of his or her marital duties or responsibilities. Pearce v. Pearce, 348 So.2d 75 (La.1977); Mathews v. Mathews, 614 So.2d 1287 (La. App. 2d Cir.1993); Currier v. Currier, 599 So.2d 456 (La.App. 2d Cir.1992); Taylor v. Taylor, 579 So.2d 1142 (La. App. 2d Cir.1991).
The 1990 marriage dissolution revisions which included the repeal of CC Art. 138 (grounds for separation from bed and board), renumbered, but did not alter the post-divorce alimony provisions. Mathews, Currier, and Taylor, cited supra. A spouse's obligations or marital duties and responsibilities of fidelity, support, and assistance have remained the same irrespective of the codal revisions. Currier, supra.
"Fault" for purposes of alimony preclusion continues to include the grounds enumerated in former CC Art. 138 (adultery; conviction of a felony; habitual intemperance or excesses, cruel treatment, or outrages; public defamation; abandonment; an attempt on the other's life; status as a fugitive; and intentional non-support), and is not limited to the fault grounds currently listed in CC Art. 103 (adultery or a felony conviction). See Mathews, supra; Wicker v. Wicker, 597 So.2d 1273 (La.App. 3d Cir.1992). Compare Gitschlag v. Gitschlag, 593 So.2d 1331 (La.App. 1st Cir.1991).
A spouse seeking permanent alimony has the burden of proving that he or she is without fault. Taylor, supra; Green v. Green, 567 So.2d 139 (La.App. 2d Cir.1990). A spouse is not deprived of permanent alimony simply because he or she was not totally blameless in the marital discord. Pearce, Currier, and Taylor, cited supra; Wynn v. Wynn, 513 So.2d 489 (La.App. 2d Cir.1987). A spouse also is not deprived of alimony when his or her actions amount to a reasonable, justifiable response to the other spouse's provocative acts. Currier, Taylor, and Wynn, cited supra.
Because domestic relations issues largely turn on evaluations of witness credibility, much discretion of the trier of fact is recognized and given deference by the appellate courts. Pearce and Taylor, cited supra. Fault is a factual finding which will not be disturbed on appeal unless manifestly erroneous. Pearce, Currier, and Taylor, cited supra; Blake v. Blake, 478 So.2d 617 (La. App. 2d Cir.1985).

Mr. Goodnight testified that he ended his adulterous relationship with Ms. Marks in December 1996. However, he admits sending her a dozen roses on Valentine Day 1997. He also stated that his business *813 trip to Atlanta was in April of 1997, after the couple reconciled, and that, during the trip, he had no sexual contact with Ms. Marks. Mrs. Goodnight produced a credit card charge receipt from a charge card issued to Mr. Goodnight. The receipt, from an Atlanta hotel gift shop, was dated October 29, 1997, and was signed by Ms. Marks as Cindy Goodnight. While this receipt was eventually excluded from evidence, the testimony concerning the receipt lend credence to Mrs. Goodnight's claim that Mr. Goodnight continues his affair with Ms. Marks through October 1997. On direct examination and initially on cross examination, the Goodnight's son, Michael, testified that his father's trip to Atlanta was in October 1997 and that his father admitted his affair with Ms. Marks to him after the Atlanta trip. Later in the hearing, Michael recanted this testimony.

The trial judge found that the cause of the marital discord was the unfaithfulness of Mr. Goodnight. He did find that the couple quarreled, but concluded that Mrs. Goodnight's quarreling was a result of Mr. Goodnight's unfaithfulness and was a reasonable and justifiable response to Mr. Goodnight's actions.

Since the statutory law does not specify fault which would deny permanent alimony, legal fault must be determined according to the prior jurisprudential criteria. See Lagars v. Lagars, 491 So.2d 5 (La.1986), for an analysis of those criteria. The jurisprudence specifies the conduct which may be considered legal fault.
An association which implies adultery naturally brings on marital discord. A spouse who perceives infidelity may become quarrelsome or hostile. Such a reasonable reaction does not constitute legal fault. The suspicion of adultery causes the break-up and not the reaction.

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Bluebook (online)
735 So. 2d 809, 1999 WL 274827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodnight-v-goodnight-lactapp-1999.