Whited v. Whited

478 A.2d 567, 1984 R.I. LEXIS 571
CourtSupreme Court of Rhode Island
DecidedJuly 12, 1984
Docket81-539-Appeal
StatusPublished
Cited by12 cases

This text of 478 A.2d 567 (Whited v. Whited) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whited v. Whited, 478 A.2d 567, 1984 R.I. LEXIS 571 (R.I. 1984).

Opinion

OPINION

MURRAY, Justice.

This is an appeal from a divorce decree entered in the Family Court in which the trial justice granted the husband’s (plaintiff’s) petition and the wife’s (defendant’s) cross-petition for a divorce on the grounds of irreconcilable differences. In her cross-petition, the defendant also charged the plaintiff with extreme cruelty toward her and sought the divorce decree on that ground. The trial justice denied the defendant’s cross petition. The defendant further prayed for title and exclusive use of the marital domicile under G.L. 1956 (1981 Reenactment) § 15-5-16.1. The trial justice chose instead to equitably apportion the value of the home and ordered it sold.

The parties were married in 1959. No children were born of this union. However, Mrs. Whited brought two children into the family from her previous marriage. This family lived in a home purchased by plaintiff prior to the marriage. In 1963 plaintiff set up a room in the basement to get away from defendant. The plaintiff entered medical school in Buffalo, New York, in 1966. The defendant remained in the first marital domicile, while plaintiff paid the mortgage, taxes, and utilities on the property. In 1968 this house was sold and defendant and her daughter moved to Buffalo to be with plaintiff. The plaintiff paid defendant’s college tuition at the State University of New York at Buffalo, from which she received a college degree.

The plaintiff began his residency at Rhode Island Hospital after he graduated from medical school in June 1970. The defendant received her degree in December 1970 and moved to Rhode Island with plaintiff. For the next five years, plaintiff interned at the hospital and worked nights to buy several boats. The defendant was employed as a substitute teacher during this period. In 1975 serious discord surfaced between the parties. A recitation of specific incidents and facts are not necessary to our disposition of this case on appeal, and we therefore refrain from quoting the extensive record developed below. Suffice it to say that ample evidence existed from which the trial justice could properly conclude that the marriage was irretrievably broken.

*569 In this appeal, defendant raises twelve assignments of error. Six of these assignments relate to evidentiary rulings made by the trial justice during the course of the trial. Two contest the property division made. Two more contest the amount of alimony that defendant was awarded. The last two contest the trial justice’s decision on defendant’s cross-petition. We shall address defendant’s assignments as outlined here. For the reasons stated below, we affirm the trial justice’s decision.

I

Evidentiary Rulings Made by the Trial Justice

The trial justice permitted Dr. Mohammad Arif to testify about an anonymous telephone call that he received in January 1980. The witness testified that a female caller made derogatory remarks about plaintiff during this conversation. The trial justice also admitted into evidence two copies of unsigned typed letters that maligned plaintiff’s reputation and character. The trial justice also sustained plaintiff’s counsel’s objections to leading questions put to defendant regarding defendant’s physical condition. The defendant contends that each of these rulings was error.

The standard of review applicable to evidentiary rulings in a divorce proceeding is well established in this state. “In a divorce proceeding, the admission or exclusion of testimony will be found to be reversible error only when the trial justice determines a disputed right on the basis of evidence he erroneously admitted or excluded during trial.” Brierly v. Brierly, R.I., 431 A.2d 410, 414 (1981) (quoting Pansey v. Pansey, 115 R.I. 97, 103, 340 A.2d 120, 124 (1975)); see also Watmough v. Watmough, R.I., 430 A.2d 1059, 1060 (1981). Further, “the exclusion or nonex-clusion of witnesses is within the sound discretion of the trial justice and that the exercise of such discretion will not be disturbed except in the clearest cases of abuse.” Poirier v. Poirier, 107 R.I. 345, 355, 267 A.2d 390, 395-96 (1970).

In applying the above standards to the instant case, we find that the trial justice’s rulings were proper. The trial justice did not rely on the testimony of Dr. Arif or on the unsigned typed letters in reaching his decision. These items of evidence are not mentioned in his opinion. The only negative evidence that the trial justice considered in determining defendant’s conduct during the marriage was an outburst she allegedly made at plaintiff’s office. Indeed, the trial justice concluded “that the husband’s behavior was such that his fault outweighs the wife’s misbehavior * * *.” Finally, it was within the trial justice's sound discretion not to allow defendant to testify about “physical changes” that she underwent some months after plaintiff had told her he was leaving. In summary, the trial justice’s evidentiary rulings were properly made and did not constitute an abuse of discretion.

II

The Property Division

The trial justice ordered the marital domicile sold, with 60 percent of the proceeds to be awarded to defendant and the remaining 40 percent to be awarded to plaintiff. The defendant was also granted a right of first refusal which allowed her to purchase the property by paying 40 percent of its appraised value to plaintiff. The contents of the domicile, that is, the household furniture, furnishings, and effects, were awarded outright to defendant. No other property was awarded to defendant. The defendant argues extensively that the trial justice misapplied the criteria set forth in our equitable-distribution statute, § 15-5-16.1.

This statute enumerates four factors to be considered by the trial justice in dividing up the marital estate upon divorce: “[1] the length of the marriage; [2] the conduct of the parties during the marriage; [3] the contribution of each of the parties in the acquisition, preservation, or appreeia *570 tion in value of their respective estate; and [4] the contribution and services of either party as a homemaker.” In Wordell v. Wordell, R.I., 470 A.2d 665, 667 (1984), we noted that “it is within the trial judge’s wide discretion, subject to [these] existing statutory guidelines, to effect a just and fair property division between the parties.” Id. 470 A.2d at 667.

The trial justice’s opinion discusses each of the enumerated factors at great length. We do not require the trial justice to provide us with an exhaustive analysis of the evidence. Smith v. Smith, 119 R.I. 642, 648, 382 A.2d 182, 185 (1978). Here, however the trial justice thoroughly discussed the salient facts and applied those facts to the appropriate statutes in reaching well-reasoned conclusions.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hogan v. Hogan
822 A.2d 925 (Supreme Court of Rhode Island, 2003)
Gormly v. Gormly
760 A.2d 1241 (Supreme Court of Rhode Island, 2000)
Berard v. Berard
749 A.2d 577 (Supreme Court of Rhode Island, 2000)
Bline v. Bline
734 A.2d 961 (Supreme Court of Rhode Island, 1998)
Altieri v. Altieri
711 A.2d 1145 (Supreme Court of Rhode Island, 1998)
Moran v. Moran
612 A.2d 26 (Supreme Court of Rhode Island, 1992)
Perreault v. Perreault
540 A.2d 27 (Supreme Court of Rhode Island, 1988)
Quinn v. Quinn
512 A.2d 848 (Supreme Court of Rhode Island, 1986)
Stevenson v. Stevenson
511 A.2d 961 (Supreme Court of Rhode Island, 1986)
Casey v. Casey
494 A.2d 80 (Supreme Court of Rhode Island, 1985)
Fricke v. Fricke
491 A.2d 990 (Supreme Court of Rhode Island, 1985)
Tarro v. Tarro
485 A.2d 558 (Supreme Court of Rhode Island, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
478 A.2d 567, 1984 R.I. LEXIS 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whited-v-whited-ri-1984.