McDaniel v. McDaniel

District of Columbia Court of Appeals

McDaniel v. McDaniel

254 A.2d 407, 1969 D.C. App. LEXIS 268

CourtDistrict of Columbia Court of Appeals

DecidedJune 16, 1969

DocketNo. 4512

StatusPublished

This text of 254 A.2d 407 (McDaniel v. McDaniel) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McDaniel v. McDaniel, 254 A.2d 407, 1969 D.C. App. LEXIS 268 (D.C. 1969).

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Opinion

PER CURIAM:

The court below granted appellee an absolute divorce from appellant, his wife, on the ground of voluntary separation for one year.¹ The court awarded custody of their child to appellant and directed ap-pellee to pay $75 per week for support and maintenance of the child and $400 to appellant’s counsel for services rendered.

The court made findings that the parties were married in 1955, that one child was born of such marriage, that they separated in 1960 and such separation continued uninterrupted to the date appellee filed his complaint, and that after 1961 appellant made no good faith efforts to effect a re[408]*408conciliation and to continue the marriage. See Boyce v. Boyce, 80 U.S.App.D.C. 355, 153 F.2d 229 (1946); Roberts v. Roberts, 95 U.S.App.D.C. 382, 222 F.2d 408 (1955).

Appellant argues that upon the evidence adduced the support payment and counsel fee ordered by the trial court were inadequate and that the trial court erred in finding that appellant did not show in good faith a desire to continue the marriage and concluding that she silently acquiesced in the separation. We have carefully reviewed the record and we conclude that the amount of support and maintenance and attorney’s fees was not unreasonable and that there is sufficient evidence to support the trial court’s holding that the separation was voluntary and appellee was entitled to a divorce.

Affirmed.

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PER CURIAM:

The court below granted appellee an absolute divorce from appellant, his wife, on the ground of voluntary separation for one year.¹ The court awarded custody of their child to appellant and directed ap-pellee to pay $75 per week for support and maintenance of the child and $400 to appellant’s counsel for services rendered.

The court made findings that the parties were married in 1955, that one child was born of such marriage, that they separated in 1960 and such separation continued uninterrupted to the date appellee filed his complaint, and that after 1961 appellant made no good faith efforts to effect a re[408]*408conciliation and to continue the marriage. See Boyce v. Boyce, 80 U.S.App.D.C. 355, 153 F.2d 229 (1946); Roberts v. Roberts, 95 U.S.App.D.C. 382, 222 F.2d 408 (1955).

Appellant argues that upon the evidence adduced the support payment and counsel fee ordered by the trial court were inadequate and that the trial court erred in finding that appellant did not show in good faith a desire to continue the marriage and concluding that she silently acquiesced in the separation. We have carefully reviewed the record and we conclude that the amount of support and maintenance and attorney’s fees was not unreasonable and that there is sufficient evidence to support the trial court’s holding that the separation was voluntary and appellee was entitled to a divorce.

Affirmed.

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Bluebook (online)

254 A.2d 407, 1969 D.C. App. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniel-v-mcdaniel-dc-1969.

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