Richardson v. Richardson

Citations

• 36 Wash. 272
• 78 P. 920
• 1904 Wash. LEXIS 550

Syllabus

<p>Divorce — Cruel Treatment — Adultery — Both Parties at Fault — Downfall or Wipe Caused by Husband. In an action for divorce brought by the husband upon the ground of adultery on the part of the wife, in which she applies for divorce upon the ground of cruel and inhuman treatment, it is not error to grant the wife a divorce, although the evidence indicates that she was guilty of adultery, where it appears that the husband by constant charges of infidelity, threats, blows, abusive language and frequent intoxication drove the wife from her home and was largely instrumental in causing her downfall, and they are unable to live together.</p> <p>Divorce — Division op Property — Settlement Out op Court Induced by Fraud. Where the parties to a divorce action have community personal property of the value of $23,000, besides real estate, and pending the suit the wife is induced to sign an agreement whereby she accepted about $2,500 as her portion of the property, and the evidence shows an armed attack, by the husband, upon the house in which she was living with a co-respondent, made the night before the settlement, threats of prosecution, misrepresentations, and that the wife was not apprised of her rights, the settlement is properly disregarded; since such settlements should not be enforced unless fairly made and reasonably just.</p> <p>Same — Custody op Children. Although both parents are unfit to have the custody of children of tender age, the exigencies of this case require that the older children be awarded to the father and the younger to the mother.</p> <p>Same — Division op Property. In an action for a divorce where the community personal property, consisting largely of stock, is worth about $23,000, but the testimony as to value is exceedingly meager, and there was no testimony as to the value of large holdings of real estate, it is error, where the property should'be evenly divided, to decree the payment to the wife of $15,000 within sixty days, and the cause will