Elam

Plaintiff wife appeals from an interlocutory judgment of divorce and from an order denying a motion for new trial.

Plaintiff and defendant were married on January 31, 1958, separated in August of 1963, and had no children as a result of their marriage. The wife commenced this action on May 29, 1964, seeking a decree of separate maintenance on the ground of extreme cruelty. The husband cross-complained for divorce on the ground of extreme cruelty.

Upon the conclusion of the trial the trial court made findings to the effect that each of the parties treated the other with extreme cruelty, but concluded that the husband was entitled to an interlocutory judgment and decree of divorce. The interlocutory judgment and decree of divorce which was thereupon entered granted a divorce to the husband on the ground of the wife’s extreme cruelty. The decree also divided the community property between the parties and awarded alimony to the wife. The husband was also ordered to pay $500 for the wife’s counsel fees, costs of suit, and $750 for the services of the wife’s certified public accountant.

The wife contends that the trial court erred in not dividing the community property…