Hughes v. Hughes
Court of Appeal of Louisiana for the Second Circuit
326 So. 2d 877 (La. Ct. App. 1976)
Mrs. Hughes (plaintiff) moved out of the marital home due to Mr. Hughes's (defendant) habitual intemperance, verbal abuse, and threats of physical violence; after a failed reconciliation attempt in which she moved back in only to see the abusive behavior resume within about a month, she moved out permanently and filed for divorce alleging cruel treatment, corroborated by the couple's daughter. Mr. Hughes denied the allegations and argued Mrs. Hughes's departure constituted desertion; the trial court granted the divorce, and Mr. Hughes appealed.
Whether psychological harm on account of a spouse's conduct may be sufficient to warrant a grant of divorce based on cruel treatment.