Steinke v. Steinke

357 A.2d 674, 238 Pa. Super. 74, 82 A.L.R. 3d 705, 1975 Pa. Super. LEXIS 2567
CourtSuperior Court of Pennsylvania
DecidedOctober 28, 1975
DocketAppeal, 800
StatusPublished
Cited by41 cases

This text of 357 A.2d 674 (Steinke v. Steinke) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steinke v. Steinke, 357 A.2d 674, 238 Pa. Super. 74, 82 A.L.R. 3d 705, 1975 Pa. Super. LEXIS 2567 (Pa. Ct. App. 1975).

Opinions

Opinion by

Jacobs, J.,

This is an appeal from the decree entered below dismissing plaintiff-appellant’s complaint for divorce a.v.m. Because we find that appellant’s evidence did establish grounds for divorce due to indignities offered by the husband, Robert Steinke, to the appellant, we reverse.

The record discloses the following facts. The parties met in May, 1971, when Robert was 20 and Cecilia was only 16. In August of that year they eloped to Maryland and were married on August 4. Neither Cecilia nor her mother, who testified in her behalf, noticed anything unusual about Robert at that time. However, shortly after the marriage, Robert informed appellant that he never wanted to grow up and he started wearing diapers and rubber pants. On occasion he would request appellant to change the soiled diapers, which she refused to do. Appellant testified that she was shocked by this behavior and found it impossible to discuss the situation with Robert. Their families and friends apparently knew nothing about it.

In June, 1972, appellant’s daughter was bom and Robert stopped wearing diapers. A few months later he expressed a desire to dress as a woman, and thereafter would wear women’s clothes around the house. He obtained some information by mail regarding transexualism which detailed the treatments and surgical possibilities available to effect a complete change in sex. As the idea of becoming a woman grew on him, he began to visit doctors and psychiatrists with the view of developing himself as a woman. To this end he began taking hormones.

For a while appellant maintained hope that Robert would overcome this phase but as it persisted she resolved to seek outside help. With the advice of her mother, she took her husband to see a psychiatrist who would help him overcome his desire to change his sex. After a few visits, however, Robert decided he was receiving no help [77]*77and discontinued the treatment in favor of that provided by the doctors who were guiding him in a six month program leading up to the anticipated sex change surgery. He began to assume the total identity and appearance of a woman, with the help of the hormone pills, at work and in public as well as at home. For the first time the situation became known to the friends of the couple.

Robert testified that at this time, when he was assuming all feminine attributes possible, short of surgery, he felt that the whole experiment was a trial period during which he sought to resolve his inner conflict, and that the ultimate operation was not a certainty. Nevertheless, after three months of the six month treatment had elapsed, appellant demanded that he leave their home. On February 10, 1974, he moved into a separate apartment, continuing to live as a woman to the extent of calling himself “Karen” and appearing at a support hearing in June of 1974 in women’s attire. In July of that year when the doctors informed him that he was not a fit subject for the operation, Robert had already reached that conclusion on his own. He stopped the treatments and, feeling himself cured, he resumed living as a man.

In July, 1974, about the time Robert was abandoning the desire to become a woman, appellant filed her complaint in divorce alleging indignities. A hearing was held before the court in October at which Robert appeared without counsel, and very ably contested the divorce in his own behalf. In December he sent a letter to the judge who heard the divorce withdrawing his contest. The lower court found that sufficient grounds for divorce were not established because the husband’s conduct stemmed from psychiatric disorder.

In reviewing this case, we are required to make an independent study of the record. See Dougherty v. Dougherty, 235 Pa. Superior Ct. 122, 339 A.2d 81 (1975); Barr v. Barr, 232 Pa. Superior Ct. 9, 331 A.2d 774 (1974). In matters of credibility, however, the lower court’s [78]*78judgment is entitled to great weight as it is the lower court which has had the opportunity to observe the witnesses, their demeanor and inflection, and is thus in a better position than the reviewing court to settle the questions on that issue. Dougherty v. Dougherty, supra; Sells v. Sells, 228 Pa. Superior Ct. 331, 323 A.2d 20 (1974).

The Act of May 2, 1929, P.L. 1237, §10(1) (f), as amended, 23 P.S. §10(1) (f) allows the innocent and injured partner to a marriage to obtain a divorce from the bond of matrimony where the other spouse “[sjhall have offered such indignities to the person of the innocent and injured spouse, as to render his or her condition intolerable and life burdensome.” Indignities have not been defined by the law, but rather conduct alleged to be productive of indignities has been evaluated together with the peculiar circumstances of each case. See Boyer v. Boyer, 183 Pa. Superior Ct. 260, 130 A.2d 265 (1957); McLaughlin v. McLaughlin, 170 Pa. Superior Ct. 516, 87 A.2d 101 (1952). Appellate courts have attempted to draw general guidelines thought to be instructive in shaping the offense of indignities. It has thus generally been determined that such conduct must constitute a course of behavior which is humiliating and degrading, inconsistent with the injured individual’s position as a wife, making that condition intolerable and life a burden to her. A single act of indignity is not sufficient, but a course of treatment “of such character as to render the condition of any woman of ordinary sensibility and delicacy of feeling intolerable and her life burdensome” will present grounds for divorce. Commonwealth ex rel. Whitney v. Whitney, 160 Pa. Superior Ct. 224, 228, 50 A.2d 732, 734 (1947) (emphasis original). Such conduct is understood to manifest the spirit of malevolence, hate and estrangement which has come to replace natural love and affection in a marriage and is central to a charge of indignities. Barr v. Barr, supra; Sells v. Sells, supra.

[79]*79That the appellant-wife in the present case has come to find life with her husband intolerable and burdensome does not indicate unusual sensitivity or extraordinary delicacy on her part. It is certainly to be anticipated that a reasonable woman might react to her husband adopting not only the clothing, but the full physical appearance of a woman, by becoming shocked and repelled. This Court has recognized that unnatural sexual conduct or excessive and unusual sexual demands represent indignities making a spouse’s condition intolerable and life burdensome. Where such conduct can be established, we have held that divorce is appropriately granted. See Crissman v. Crissman, 220 Pa. Superior Ct. 387, 281 A.2d 719 (1971) (homosexual conduct of husband grounds for divorce); Diehl v. Diehl, 188 Pa. Superior Ct. 491, 149 A.2d 133 (1959) (excessive sexual demands of wife grounds for divorce); Krug v. Krug, 22 Pa. Superior Ct. 572 (1903) (unusual sexual demands of husband grounds for divorce) .

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Bluebook (online)
357 A.2d 674, 238 Pa. Super. 74, 82 A.L.R. 3d 705, 1975 Pa. Super. LEXIS 2567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinke-v-steinke-pasuperct-1975.