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Hughes v. Hughes

Louisiana Court of Appeal
1976 La. App. LEXIS 3848, 326 So. 2d 877 (1976)
ELI5:

Rule of Law:

A continued course of verbal and emotional abuse, such as habitual cursing and declarations of a lack of love for one's spouse, can constitute mental harassment sufficient to be considered cruel treatment, justifying a judicial separation from bed and board.


Facts:

  • Clifford Carey Hughes and Marilyn Elizabeth Hughes were married.
  • Clifford Hughes treated his wife coldly, was habitually intemperate, and in December 1971, ordered her from their home while threatening bodily harm.
  • Following this incident, Marilyn Hughes separated from her husband.
  • In November 1972, Marilyn Hughes returned to the marital home after Clifford Hughes promised to correct his behavior.
  • Approximately one month after reconciling, Clifford Hughes resumed his abusive treatment, which included cursing his wife and making physical threats.
  • Clifford Hughes also declared that he did not love either his wife or their daughter.
  • On December 18, 1973, Marilyn Hughes permanently separated from her husband as a result of his continued conduct.

Procedural Posture:

  • Marilyn Elizabeth Hughes filed suit against her husband, Clifford Carey Hughes, in a trial court for a separation from bed and board.
  • Clifford Hughes denied the allegations and filed a reconventional demand (counterclaim) for separation in his favor, alleging abandonment.
  • The trial court found in favor of Marilyn Hughes and granted her a judgment of separation.
  • Clifford Hughes (appellant) appealed the trial court's judgment to the intermediate court of appeal; Marilyn Hughes is the appellee.

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Issue:

Does a husband's conduct of repeatedly cursing his wife and declaring he no longer loves her, following a prior separation and reconciliation, constitute cruel treatment sufficient to justify a separation from bed and board?


Opinions:

Majority - Price, Judge

Yes, a husband's conduct of repeatedly cursing his wife and declaring he no longer loves her constitutes cruel treatment. This behavior amounts to mental harassment sufficient to render continued cohabitation insupportable. The court found the wife's testimony credible because it was corroborated by the testimony of the couple's daughter, who confirmed her father's cruel treatment continued after the reconciliation. The appellate court gives deference to the trial court's factual findings when they are based on determinations of witness credibility.



Analysis:

This decision clarifies that non-physical abuse can satisfy the legal standard for 'cruel treatment' as grounds for separation. It establishes that a pattern of verbal and emotional conduct rising to the level of 'mental harassment' is sufficient to make living together 'insupportable.' The case also underscores the significant evidentiary weight of corroborating testimony, particularly from an adult child, in resolving conflicting spousal accounts in domestic disputes. It affirms that a reconciliation does not excuse subsequent acts of cruelty.

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