Poole v. Poole

7 So. 3d 806

 

RULE:

A factual determination of a trial court is subject to the manifest error/clearly wrong standard of review. 

FACTS:

The parties were married in 1996. In 2008, plaintiff wife filed a petition for divorce. She sought spousal support, claiming to have been free from fault in causing the breakup of the marriage. Defendant husband filed an answer and reconventional demand. He asserted that the wife had committed adultery. The trial court granted the husband an immediate divorce based on the wife's adultery. On appeal, the court affirmed the judgment of the trial court.

ISSUE:

Did the the trial court err in concluding that defendant's allegation established that wife committed adultery?

ANSWER:

No.

CONCLUSION:

The husband's allegation that the wife had committed adultery was sufficient to establish grounds for an immediate divorce under La. Civ. Code Ann. art. 103(2). While the court might well have made different credibility determinations and reached a different result, particularly because the only evidence of adultery was the normally highly suspect testimony of the co-respondent in adultery, it could not say that the trial court was clearly wrong in accepting the testimony of the husband's witnesses to conclude that the wife had committed adultery with the co-respondent.

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