Marble v. Marble, No. 54989

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtBefore PATTERSON; PATTERSON
Citation457 So.2d 1342
Docket NumberNo. 54989
Decision Date10 October 1984
PartiesJohn Clayton MARBLE v. Rebecca Jane Schenk MARBLE.

Page 1342

457 So.2d 1342
John Clayton MARBLE
v.
Rebecca Jane Schenk MARBLE.
No. 54989.
Supreme Court of Mississippi.
Oct. 10, 1984.

Lester F. Smith, Robert L. McArty, Perry, Morrison & Smith, Jackson, for appellant.

Rufus Creekmore, E. Michael Marks, Jackson, for appellee.

Before PATTERSON, C.J., and DAN M. LEE and PRATHER, JJ.

PATTERSON, Chief Justice, for the Court:

John Clayton Marble appeals a judgment of the Chancery Court of the First Judicial District of Hinds County denying his prayer for divorce and awarding $500.00 per month separate maintenance to his wife, Rebecca Schenk Marble.

The parties were married on June 3, 1972, and had a son on September 14, 1975. In October, 1982, John Marble departed the family residence and has not since cohabited with his wife.

The record contains no evidence of abuse, physical or verbal, of either party by the other; but it is evident John and Rebecca can no longer live together. John stated the marriage had become intolerable to him and that he could not return to Rebecca under any circumstances. While Rebecca testified she "would love to try" to make her marriage a success, she could not agree to accept her husband back into their home unless he consented to consult with a therapist of her choice.

John Marble first contends the chancellor improperly denied his prayer for divorce on the ground of habitual cruel and inhuman treatment. While the record indicates it is now impossible for John to resume cohabitation with Rebecca, we are of the opinion her behavior does not constitute "habitual cruel and inhuman treatment" as this

Page 1343

Court has defined. In Burnett v. Burnett, 271 So.2d 90, 93 (Miss.1972), we stated:

In discussing habitual cruel and inhuman treatment as grounds for divorce, we said in Howard v. Howard, 243 Miss. 301, 303-304, 138 So.2d 292, 293 (1962).

"The popular idea is that, like charity, it covers a multitude of marital sins, and is the easiest road to freedom from the marital bonds. As a result suits are often brought, based on petty indignities, frivolous quarrels, general incompatibility and the petulant temper of one or both parties, seeking divorce for habitual cruel and inhuman treatment, without ever realizing or understanding, in the remotest degree, what is meant by the words as used in the statute. They do not realize the nature, gravity, or duration of the cruelty required to warrant a divorce. * * * The cruelty required by the statute is not such as...

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25 practice notes
  • Ferguson v. Ferguson, No. 92-CA-00058
    • United States
    • United States State Supreme Court of Mississippi
    • July 7, 1994
    ...379 (Miss.1986); Stennis v. Stennis, 464 So.2d 1161, 1162 (1985); Gallaspy v. Gallaspy, 459 So.2d 283, 285 (Miss.1984); Marble v. Marble, 457 So.2d 1342, 1343 Billy's proof in the case at bar falls short of that required by our decisions. No proof was offered, establishing that Linda had a ......
  • Robinson v. Robinson, No. 07-58575
    • United States
    • United States State Supreme Court of Mississippi
    • November 15, 1989
    ...the marriage was justified, the Court is of the opinion that no separate maintenance can be awarded to the wife. Marble v. Marble, 457 So.2d 1342 (Miss.1984); Cox v. Cox, 279 So.2d 612 (Miss.1973); King v. King, 246 Miss. 798, 152 So.2d 889 (1963) "While the law does not require a wife who ......
  • Rawson v. Buta, No. 90-CA-1034
    • United States
    • United States State Supreme Court of Mississippi
    • October 22, 1992
    ...e.g., Parker v. Parker, 519 So.2d 1232, 1234 (Miss.1988); accord Kergosien v. Kergosien, 471 So.2d 1206 (Miss.1985); Marble v. Marble, 457 So.2d 1342 (Miss.1984). Although cruel and inhuman treatment usually must be shown to have been "systematic and continuous," see Robinson v. Robinson, 5......
  • Steen v. Steen, No. 92-CA-01316
    • United States
    • United States State Supreme Court of Mississippi
    • August 11, 1994
    ...805 (Miss.1989). See also Stennis v. Stennis, 464 So.2d 1161 (1985); Gallaspy v. Gallaspy, 459 So.2d 283 (Miss.1984); Marble v. Marble, 457 So.2d 1342 While habitual cruel and inhuman treatment may be established by a preponderance of the credible evidence, as opposed to clear and convincin......
  • Request a trial to view additional results
25 cases
  • Ferguson v. Ferguson, No. 92-CA-00058
    • United States
    • United States State Supreme Court of Mississippi
    • July 7, 1994
    ...379 (Miss.1986); Stennis v. Stennis, 464 So.2d 1161, 1162 (1985); Gallaspy v. Gallaspy, 459 So.2d 283, 285 (Miss.1984); Marble v. Marble, 457 So.2d 1342, 1343 Billy's proof in the case at bar falls short of that required by our decisions. No proof was offered, establishing that Linda had a ......
  • Robinson v. Robinson, No. 07-58575
    • United States
    • United States State Supreme Court of Mississippi
    • November 15, 1989
    ...the marriage was justified, the Court is of the opinion that no separate maintenance can be awarded to the wife. Marble v. Marble, 457 So.2d 1342 (Miss.1984); Cox v. Cox, 279 So.2d 612 (Miss.1973); King v. King, 246 Miss. 798, 152 So.2d 889 (1963) "While the law does not require a wife who ......
  • Rawson v. Buta, No. 90-CA-1034
    • United States
    • United States State Supreme Court of Mississippi
    • October 22, 1992
    ...e.g., Parker v. Parker, 519 So.2d 1232, 1234 (Miss.1988); accord Kergosien v. Kergosien, 471 So.2d 1206 (Miss.1985); Marble v. Marble, 457 So.2d 1342 (Miss.1984). Although cruel and inhuman treatment usually must be shown to have been "systematic and continuous," see Robinson v. Robinson, 5......
  • Steen v. Steen, No. 92-CA-01316
    • United States
    • United States State Supreme Court of Mississippi
    • August 11, 1994
    ...805 (Miss.1989). See also Stennis v. Stennis, 464 So.2d 1161 (1985); Gallaspy v. Gallaspy, 459 So.2d 283 (Miss.1984); Marble v. Marble, 457 So.2d 1342 While habitual cruel and inhuman treatment may be established by a preponderance of the credible evidence, as opposed to clear and convincin......
  • Request a trial to view additional results

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