Hickson v. Hickson

Citations

• 54 Fla. 556

Syllabus

<p>1. It is not the policy of the law to grant divorces for post nuptial causes short of marital infidelity when such causes do not in fact render one of the parties incapable of performing the duties incident to the marriage, status. Divorce is granted for post nuptial causes on the ground that it is impracticable for one of the parties to further perform the marital duties.</p> <p>2. The status of husband and wife should not be dissolved by the courts except upon the conditions prescribed by law. Where a divorce is sought on the statutory ground of habitual indulgence by the defendant in violent or ungovernable temper, it is essential that the bill of complaint contain allegations of facts to show habitual indulgence by the defendant in violent or ungovernable temper exhibited directly towards the complainant as that its frequency, violence and results affect injuriously the safety, health or personal comfort of the complainant to such an extent as to make the performance of the marital duties impracticable.</p> <p>3. Where a divorce is sought on the ground of habitual indulgence by the defendant in violent or ungovernable temper allegations of facts showing' such conduct towards the other consort as is calculated to cause merely great humiliation, mental anguish, unhappiness, inconvenience, financial loss, estrangement of family ties, loss of friends, separation of members of the family or the like are not sufficient to warrant a divorce when it does not appear that the performance of the marital duties is thereby rendered impracticable.</p> <p>4. Allegations of facts showing the use of violent language towards and abuse of the complainant by the defendant because of a dislike for members of complainants family and relatives, and of the family surroundings, with no allegation that such conduct endangers the safety or health of complainant, are not sufficient for a decree of divorce on the ground of the habitual indulgence by the defendant in violent or ungovernab