Jones
Jones v. Jones
Opinion
Lead Opinion
Welch, J.
On May 20, 1918, plaintiff and defendant were husband and wife. On that day the husband commenced this action to obtain a judgment of divorce from his wife. She answered bn the same day, and the court thereupon granted an interlocutory decree of divorce in favor of plaintiff. The defendant offered no evidence. Findings were prepared (or already prepared), signed, and entered on said May 20th. On that day also, by mutual agreement, in writing, the property rights of the parties were settled, which writing was immediately recorded.
The husband charged desertion—which was not the real cause of complaint, as is so often the case in this class of litigation. In her answer, the wife alleged that she “voluntarily” deserted and abandoned plaintiff, but “did so with good cause.” Claiming, however, that she was a fit and proper person to have the care and custody of the minor child of the union, nine years old, she prayed the court for such care and custody. The court granted her prayer “subject to the further orders of the court respecting the minor child, and subject to the right of the plaintiff to visit and to be visited by said minor child at reasonable and suitable times and…