Taylor v. Taylor

Citations

• 63 Fla. 659

Syllabus

<p>1. 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 such habitual indulgence by the defendant in violent or ungovernable temper exhibited directly towards the eompalinant, 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>2. 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>3. Allegations that the defendant wife is indifferent to the complainant husband; that she shows by her conduct and manner a lack of affection for him; that she would without provocation habitually quarrel with complainant about trivial matters so as to annoy others living in the same house; and that the defendant had in other stated similar ways so acted as to affect complainant’s health and happiness, do not show facts and natural consequences that render a continuance of the marital relation impracticable.</p> <p>4. In the absence of an allegation that the defendant in a divorce suit did not appear therein, an allegation of a supposed defect in the constructive service made on the defendant by publication, does not show the decree in the cause to be void for want of jurisdiction of the defendant.</p>