McMurray v. McMurray

• Citation: 126 N.W.2d 336,256 Iowa 97
• Decision Date: 11 February 1964
• Docket Number: No. 51158,51158
• Parties: Harry N. McMURRAY, Plaintiff-Appellant, v. Norma E. McMURRAY, Defendant-Cross-Appellant.
• Court: United States State Supreme Court of Iowa

Page 336

126 N.W.2d 336

256 Iowa 97

Harry N. McMURRAY, Plaintiff-Appellant, v. Norma E. McMURRAY, Defendant-Cross-Appellant.

No. 51158.

Supreme Court of Iowa.

Feb. 11, 1964.

Dailey, Dailey & Peterson, Burlington, for plaintiff-appellant.

C. T. Cline, Burlington, for defendant-cross-appellant.

LARSON, Justice.

The sea of matrimony can become a hazardous place when the parties fail to place mutual obligations above individual ambitions and desires. This case seems to illustrate the difficulties that may be encountered by well-meaning persons who forget those paramount obligations. Far too often in modern day society each party strives to succeed in his separate world and feels he has done his part when accomplishing that purpose. Too often when one or the other fails to perform his individual tasks to the satisfaction of the other, the cause is not jointly explored, advice is offered without actual help, and a breach widens between the parties which may well destroy the hopes and dreams of both. Such neglect, as regrettable as it may be, is not a ground for divorce in this state.

With high hopes for the future, the plaintiff and defendant, both college graduates, were married at Mattoon, Illinois, on August 12, 1950. Plaintiff decided to become a general practitioner of medicine and, after his graduation from the University of Illinois medical school in June, 1952, and a year's internship in Des Moines, he moved his wife and baby to Burlington, Iowa, where he established a large and successful medical practice. On July 23, 1960, he filed his petition for divorce against defendant on the statutory ground of cruel and inhuman treatment and asked custody of the parties' three minor children. Defendant answered and counterclaimed for divorce on the same ground and also asked custody of the children. The trial court found neither party had established a case by a preponderance of the evidence and dismissed both petitions at plaintiff's cost, which included a $1,000.00 attorney fee for defendant's attorney. The court made no finding as to child custody, alimony, or property rights. Both parties appeal. After a careful study of the record, we conclude the trial court's decision was girht.

I. The general rules applicable to such cases are so well established that they need no reference to authorities and scarcely need repeating. To entitle a party to relief under the statute (section 598.8(5)) it is necessary that he prove by a preponderance of the evidence that the treatment administered was cruel and inhuman and that it did endanger his life. Howe v. Howe, Iowa, 122 N.W.2d 348, 349; Peitersen v. Peitersen, 253 Iowa 893, 895, 114 N.W.2d 299, 300, and citations; Phillips v. Phillips, 251 Iowa 1310, 1312, 104 N.W.2d 832, 833.

Of course, 'cruel and inhuman' treatment may be administered even though there is no physical mistreatment. Bowles v. Bowles, 248 Iowa 930, 81 N.W.2d 15; Cimijotti v. Cimijotti, Iowa, 121 N.W.2d 537.

It is also well established that life may be endangered by mistreatment which impairs the health of the spouse. Rasmussen v. Rasmussen, 252 Iowa 414, 420, 107 N.W.2d 114, 118; Peitersen v. Peitersen, supra; Howe v. Howe, supra. Mental cruelty, we have said, will suffice. Hylarides v. Hylarides, 247 Iowa 841, 842, 76 N.W.2d 779. If the danger is such as would reasonably be apprehended, we have held the danger to life is sufficient. Weatherill v. Weatherill, 238 Iowa 169, 187, 25 N.W.2d 336, 346; Phillips v. Phillips, supra.

Thus, if the evidence fails to show any deliberate misconduct persisted in by either party which would have the effect of impairing the health of the spouse, neither should be granted a divorce. On the other hand, had such been established as the principal cause of ill health under Kovar v. Kovar, 237 Iowa 251, 273, 21 N.W.2d 534, it would have been good cause within the intent of the statute. However, it must also be remembered that 'not all acts of one spouse which endanger the life of the other are inhuman. In the latter category come accidents and inadvertences, even unintentional negligences.' Clough v. Clough, 248 Iowa 1090, 1095, 84 N.W.2d 16. Granting that the evidence submitted here discloses negligence, we must agree with the trial court that it fails to show a deliberate course of misconduct persisted in by either party with the purpose to upset and worry the spouse. That both parties suffered mental distress and that it affected their health cannot be doubted, but the record is lacking in evidence that either acted deliberately to hurt the other except in one instance, to which we shall later refer.

II. Plaintiff's complaint is that defendant failed to keep the house tidy and clean, failed to do regularly and properly the household chores such as laundry, meal preparation, and dishwashing, failed to keep herself well-groomed and appropriately dressed, failed to properly care for their very young children, and that she nagged and wrongfully accused him of associating with other women.

There is substantial evidence that defendant did not perform well her housekeeping duties. In fact, she admits it. It is clear that she was never a very good housekeeper and that she became worse after the third and fourth children came. It appears under conditions not entirely of her own making, even with a cleaning lady and some other hired help, she failed to keep the children, herself, and the house tidy and well organized. There was ample evidence the house often (at least 50% of the time) was cluttered with soiled clothing, food, toys, and other debris, and that the laundry was not done regularly and piled up in dressers, closets, and in the laundry room. But there is little or no evidence these failures on the part of the defendant amounted to misconduct deliberately done to harass the plaintiff. Rather it seems these failures came about because of her incompetency and inadequacy; that due to plaintiff's continued absence from the home she felt neglected and so alone that she simply was unable to cope with the housework and give the four small children the care and supervision desirable and proper. She became a dreamer and read a great deal.

It appears that plaintiff failed to assist defendant perform household tasks in any substantial manner, and that he completely neglected this duty during the last two or three years before they separated. True, the record shows his professional duties had made greater and greater demands upon his time, but it also shows that as his patients became more numerous, his patience with his wife's inadequacies became shorter. He sharply criticized and berated her about these conditions and belittled her effort to meet her problems. Obviously, unless he obtained help in his medical profession, he had no time to help her, but unfortunately he also showed no desire to personally assist her solve the family problems.

Intent on establishing a successful practice of medicine in Burlington, plaintiff concentrated on that task alone, and succeeded in less than six years. From a practice in 1954 which required some 50 to 60 hours a week, he increased it until it required from 80 to 110 hours per week. His income increased accordingly until he netted some $22,000 or $23,000 per year. His gross take in 1960 was $53,300. During this period he had two separate associates. Each left for further schooling. When the first left, he was alone about two months; the second, about fourteen months. He admitted the work was too much for one man, but he would not take on an associate until he found the right man. When plaintiff tried to do the work of two men, the result was that defendant suffered a further loss of her husband's presence and companionship. Their social life became nil, for more often than not plaintiff did not come home until 10:30 P.M. or later. Understandably, her courage failed, she could not get her work done, and as a result of her frustration she was twice confined in the hospital for what was called a nervous breakdown, once for four weeks in 1958, and once in 1959.

It is true plaintiff generously shared his increased income with his family. From a modest home on Gunnison Street in 1954 they moved to a new $25,000 home on Clearview Drive in January, 1956. He provided his wife with a car of her own and $400 to $500 per month for clothes and household expenses such as water, fuel, light, and cleaning. He carried over $70,000 worth of life insurance for them. As to financial support there was no neglect on his part. Obviously, that did not solve her problems and did not result in a happy married life. That alone seldom is enough. Plaintiff's greatest error in these years, it seems, was that he expected defendant to bear the children, raise and care for them by herself, and to run a home for him which would meet his standard of excellency. In addition to Nancy Evelyn born in Des Moines September 19, 1952, Daniel Edward and Patricia Irene were born while they resided on Gunnison Street November 18, 1954, and November 5, 1955, respectively. Margaret Ann was born July 13, 1957, after they moved into the new home in January, 1956. Perhaps it is too much to expect perfection when a woman bears four children in less than five years and solely assumes the task of caring for these babies. At least, failure to meet such expectation cannot be labeled...