Peirce
Peirce v. Peirce
Opinion
Opinion
Frampton, J.
This is an appeal from an order modifying an interlocutory decree of divorce.
The plaintiff and defendant were married on June 18, 1929. They lived together as husband and wife until December 8, 1951, at which time they separated. There were two children born the issue of the marriage.
On June 2, 1953, the plaintiff filed an action for divorce in which she charged that the defendant had wrongfully inflicted grievous mental suffering upon her.
Paragraph IV of the complaint alleged in substance that the parties entered into a property settlement agreement disposing of their community property and providing for alimony for the support and maintenance of the plaintiff and providing for the living expenses and the expenses of the education of one of the children of the parties who was then a minor. The prayer of the complaint asked that the court approve the property settlement agreement and make it a part of any decree rendered therein.
The action was tried as a default upon the plaintiff’s complaint, and an interlocutory decree was entered therein on August 6,1953. A final judgment of divorce was entered, upon the plaintiff’s motion, on August 24,1954.