Smith v. Smith

The parties to this suit were married shortly over a year when plaintiff husband sued his wife for divorce on the ground of extreme cruelty. The defendant, through her guardian ad litem, answered with a denial, and alleged insanity and waiver as affirmative defenses. Defendant did not file a cross-complaint. The parties had no children as a result of their marriage.

Evidence supporting plaintiff’s cause of action established that defendant was extremely careless in personal and household cleanliness. She often left food in the refrigerator for weeks; it spoiled and she failed to clean it up. Clothes, both clean and dirty, were frequently scattered on the closet and bedroom floors of their new house trailer. Plaintiff often found dirty breakfast and lunch dishes on his return in the evening. He complained of a “coldness” between them and that her personal uncleanliness made sleeping with her difficult, but he had no choice since there was only one bed. An independent corroborating witness testified that plaintiff was calm and good humored before marriage, but became quiet, nervous and depressed afterward.

Before the marriage defendant had been hospitalized for nervous breakdowns…