Nowlin v. Nowlin

482 So. 2d 882
CourtLouisiana Court of Appeal
DecidedJanuary 22, 1986
Docket17448-CA
StatusPublished
Cited by6 cases

This text of 482 So. 2d 882 (Nowlin v. Nowlin) 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
Nowlin v. Nowlin, 482 So. 2d 882 (La. Ct. App. 1986).

Opinion

482 So.2d 882 (1986)

Lilli Ann Stewart NOWLIN, Plaintiff-Appellee,
v.
Bobby Ray NOWLIN, Defendant-Appellant.

No. 17448-CA.

Court of Appeal of Louisiana, Second Circuit.

January 22, 1986.
Rehearing Denied February 20, 1986.

*883 John S. Odom, Jr., Shreveport, for plaintiff-appellee.

A. Richard Snell, Bossier City, for defendant-appellant.

Before HALL, FRED W. JONES, Jr. and NORRIS, JJ.

HALL, Chief Judge.

In this divorce action, defendant, Bobby Ray Nowlin, appeals from the judgment of the district court finding plaintiff, Lilli Ann Stewart Nowlin, free from fault in the termination of the marriage and awarding her permanent alimony in the amount of $800.00 per month. At issue on appeal is whether the plaintiff is guilty of fault so as to preclude her from receiving permanent alimony and if not, whether the award of permanent alimony in the amount of $800.00 per month is excessive. For the reasons expressed herein, we affirm the judgment of the trial court finding the plaintiff to be free from fault and, finding the award of permanent alimony by the trial court to be excessive, amend the judgment so as to provide plaintiff permanent alimony in the amount of $500.00 per month.

FACTS

The parties were married in Leesville, Louisiana on December 27, 1969 and two children were born of the marriage, Heather, age 3 and Tiffany, age 9. The defendant is a major on active duty in the United States Air Force and is currently stationed at Barksdale Air Force Base. During their marriage, the couple moved fairly frequently, living throughout the United States and in England. It appears that serious problems began to develop in the marriage in the summer of 1983 when the couple was transferred from Michigan to Louisiana. At that time, defendant openly entered into an adulterous relationship with Roberta Aldridge, which relationship was continuing at the date of trial with defendant and Aldridge expecting a child. The marital problems eventually culminated in defendant's move from the matrimonial domicile in February, 1984. Defendant is now living in his camp on Lake Bistineau with Aldridge.

Plaintiff originally instituted an action for a legal separation alleging that defendant was guilty of abandonment, extreme mental cruelty and adultery. Defendant reconvened alleging that plaintiff was guilty of cruel treatment in that she refused to have sexual relations with defendant in the four to five months preceding the break-up of the couple's marriage and had refused to have sexual relations with defendant for substantial periods of time throughout the marriage causing defendant to feel inept as a man. Defendant further alleged that plaintiff was guilty of constructive abandonment and that plaintiff flew into fits of rage without provocation or cause, striking defendant about the face, head, and chest. Defendant prayed for a judgment of divorce alleging that the parties had been physically separated in excess of one year without reconciliation and that the plaintiff be found guilty of fault so as to preclude her from receiving permanent alimony. In response, plaintiff admitted that a divorce should be granted but it should be based solely on the fault of the defendant and she should be entitled to an award of permanent alimony.

*884 At the trial on the merits, plaintiff testified that she would classify the couple's marriage as a typical one with the usual "ups and downs." Plaintiff testified that defendant began his relationship with Aldridge in the summer of 1983 when he returned to Michigan to make the final arrangements for the move to Louisiana while the plaintiff and the children remained in Louisiana. Defendant candidly told plaintiff that he had met another woman and had had sexual relations with her. Defendant openly spoke to Aldridge on the telephone and corresponded with her. Defendant again returned to Michigan in September, 1983 and went on a camping trip with Aldridge while he was there. Before he left, plaintiff testified that defendant told her that he had to decide between the two women. After his return, defendant stated to plaintiff that he did not want the marriage to work and on numerous occasions told plaintiff that he did not love her. Plaintiff testified that she would characterize the sexual relationship of the parties during the marriage as normal with sexual relations occurring at a frequency of two to three times a week. Plaintiff testified that except for periods due to pregnancy or physical illness, the longest period of time that the parties did not have relations was approximately one month. Plaintiff testified that she had attempted to initiate sexual relations with defendant after learning of his relationship with Aldridge but that defendant withdrew from her and eventually began sleeping on the couch before he moved from the matrimonial domicile. Plaintiff suggested that the couple see a marriage counselor but defendant refused. Plaintiff admitted that the couple's sexual relationship was a source of disagreement between the parties and that she had denied defendant sexual relations on occasion but stated that throughout the marriage she had tried her best to be a loving, caring wife. Plaintiff testified that she did not order the defendant to leave the family home and admitted she may have struck the defendant on his arms during arguments, but denied ever striking the defendant's face or chest.

Defendant testified that he had contemplated divorce shortly after the move to Louisiana before he returned to Michigan as he was "tired" of the marriage and arguments. Defendant testified that he told plaintiff about his relationship with Aldridge to "loosen her up" as he felt she was prudish. Defendant testified he had also had an earlier brief adulterous relationship and admitted corresponding with Aldridge through letters and telephone calls. Defendant stated he told plaintiff before his trip to Michigan in September, 1983 that he had to make a decision as to whether the couple should divorce. Defendant admitted refusing to see a marriage counselor as at that time he did not want the marriage to work and telling the plaintiff that he did not love her. Defendant testified he moved from the family home in January-February, 1984, telling plaintiff he needed to be out and think about things, however, defendant stated that the plaintiff had asked him to leave. Defendant admitted plaintiff asked him to return home shortly after he moved but that he refused. Defendant further admitted that he had refused plaintiff's sexual advances in the two months preceding his move from the family home. Defendant testified that at one point, he broke off his relationship with Aldridge and attempted a reconciliation with plaintiff which was unsuccessful. As to the couple's sexual relationship, defendant testified the parties sometimes would have sexual relations very frequently. Defendant estimated that the longest period without sexual relations was four to six weeks with the exception of periods due to pregnancy, illness, or physical separation. Defendant testified he felt that he had never been able to satisfy plaintiff during their marriage and that plaintiff struck him about the upper body during arguments. Defendant further testified that plaintiff refused to participate in leisure activities with him such as hunting and fishing and refused to entertain which adversely affected his career in the service.

After reviewing the evidence, the district court granted a judgment of divorce pursuant *885 to LSA-R.S. 9:301 in favor of defendant.

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Bluebook (online)
482 So. 2d 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nowlin-v-nowlin-lactapp-1986.