Pochop v. Pochop, No. 11542
| Court | Supreme Court of South Dakota |
| Writing for the Court | WINANS |
| Citation | 89 S.D. 466,233 N.W.2d 806 |
| Docket Number | No. 11542 |
| Decision Date | 09 October 1975 |
| Parties | Marietta POCHOP, Plaintiff and Respondent, v. Roger POCHOP, Defendant and Appellant. |
Page 806
v.
Roger POCHOP, Defendant and Appellant.
Page 807
[89 S.D. 467] Charles Rick Johnson, Johnson, Johnson & Eklund, Gregory, for defendant and appellant.
William F. Day, Jr., Day & Grossenburg, Winner, for plaintiff and respondent.
WINANS, Justice.
Marietta Pochop, plaintiff and respondent in this action, and Roger Pochop, defendant and appellant, were married at Colome, South Dakota, on June 21, 1963, and to this union three children were born: Myra, on January 24, 1964; Michael, on December 26, 1965; and Sandra, on March 27, 1969. Roger Pochop farms near Dallas, South Dakota, and Marietta Pochop, who has training as a secretary, was a teacher's aide at a local high school. It appears from the record that marital difficulties first began in the relationship between Marietta and Roger in 1969 about the time of the birth of their third child. On December 18, 1972, Mrs. Pochop instituted an action for divorce against her husband in Tripp County on the grounds of extreme cruelty. A trial was held to the court on November 14th and 16th of the following year and on July 3rd of the next year (1974) judgment was entered for the plaintiff granting her a divorce, custody of the children, a property division and attorney's fees. From that judgment Roger Pochop appeals to this court, charging that there was insufficient evidence presented to warrant a finding of extreme cruelty and that Mrs. Pochop's conduct barred her from obtaining the divorce (recrimination). Appellant also objects to the trial court's decison regarding the award of the custody of the children to their mother and to the trial court's property settlement and award of attorney's fees to the respondent.
Any definition of extreme cruelty in a marital setting must necessarily differ according to the personalities of the parties involved. What might be acceptable and even commonplace in the relationship between rather stolid individuals could well be extraordinary and highly unacceptable in the lives of more sensitive or high-strung husbands and wives. Family traditions, ethnic and religious backgrounds, local customs and standards and other cultural differences all come into play when trying to [89 S.D. 468] determine what should fall within the parameters of a workable marital relationship and what will not. An appeals court is in a position quite...
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Spaulding v. Spaulding, 12483
...that discretion unless the record presents a clear case of abuse. Holforty v. Holforty, S.D., 272 N.W.2d 810 (1978); Pochop v. Pochop, 89 S.D. 466, 233 N.W.2d 806 (1975); Masek v. Masek, 89 S.D. 62, 228 N.W.2d 334 (1975); Oursland v. Oursland, 83 S.D. 382, 159 N.W.2d 922 (1968); Wiesner v. ......
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Fuerstenberg v. Fuerstenberg, 20300
...may consider that preference" in deciding custody. SDCL 25-4-45; Hansen, 327 N.W.2d at 49; Isaak, 278 N.W.2d at 447; Pochop v. Pochop, 89 S.D. 466, 233 N.W.2d 806, 808 (1975). We think it is especially important to give attention to the needs and wishes of children either approaching or in ......
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State, Fall River County ex rel. Dryden v. Dryden, 15174
...unless it appears there was err [sic] in the exercise thereof." Jones v. Jones, 334 N.W.2d 492, 494 (S.D.1983) (citing Pochop v. Pochop, 89 S.D. 466, 233 N.W.2d 806 (1975); Foss v. Foss, 83 S.D. 574, 163 N.W.2d 354 (1968); Kuehn v. Kuehn, 74 S.D. 521, 55 N.W.2d 70 (1952); Baron v. Baron, 71......
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Wallahan v. Wallahan, 12522
...with by this court unless it appears that there is error in the exercise of that discretion. Lien v. Lien, supra; Pochop v. Pochop, 89 S.D. 466, 233 N.W.2d 806 (1975); Foss v. Foss, 83 S.D. 574, 163 N.W.2d 354 (1968); Kuehn v. Kuehn, 74 S.D. 521, 55 N.W.2d 70 (1952); Baron v. Baron, 71 S.D.......
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Spaulding v. Spaulding, No. 12483
...that discretion unless the record presents a clear case of abuse. Holforty v. Holforty, S.D., 272 N.W.2d 810 (1978); Pochop v. Pochop, 89 S.D. 466, 233 N.W.2d 806 (1975); Masek v. Masek, 89 S.D. 62, 228 N.W.2d 334 (1975); Oursland v. Oursland, 83 S.D. 382, 159 N.W.2d 922 (1968); Wiesner v. ......
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Fuerstenberg v. Fuerstenberg, No. 20300
...may consider that preference" in deciding custody. SDCL 25-4-45; Hansen, 327 N.W.2d at 49; Isaak, 278 N.W.2d at 447; Pochop v. Pochop, 89 S.D. 466, 233 N.W.2d 806, 808 (1975). We think it is especially important to give attention to the needs and wishes of children either approaching or in ......
-
State, Fall River County ex rel. Dryden v. Dryden, No. 15174
...unless it appears there was err [sic] in the exercise thereof." Jones v. Jones, 334 N.W.2d 492, 494 (S.D.1983) (citing Pochop v. Pochop, 89 S.D. 466, 233 N.W.2d 806 (1975); Foss v. Foss, 83 S.D. 574, 163 N.W.2d 354 (1968); Kuehn v. Kuehn, 74 S.D. 521, 55 N.W.2d 70 (1952); Baron v. Baron, 71......
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Wallahan v. Wallahan, No. 12522
...with by this court unless it appears that there is error in the exercise of that discretion. Lien v. Lien, supra; Pochop v. Pochop, 89 S.D. 466, 233 N.W.2d 806 (1975); Foss v. Foss, 83 S.D. 574, 163 N.W.2d 354 (1968); Kuehn v. Kuehn, 74 S.D. 521, 55 N.W.2d 70 (1952); Baron v. Baron, 71 S.D.......