Sparks v. Sparks

• Decision Date: 25 June 1926
• Citation: 215 Ky. 508
• Parties: Sparks v. Sparks.
• Court: United States State Supreme Court — District of Kentucky

215 Ky. 508

Sparks v. Sparks.

Court of Appeals of Kentucky.

Decided June 25, 1926.

1. Divorce — Statute of Another State Prohibiting Party Obtaining Divorce on Notice by Publication from Remarrying Within Two Years Held Not Applicable to Divorce Obtained in this State on

Grounds Arising in Other State (Burns' Ann. St. Ind. 1914, Section 1065). — Burns' Ann. St. Ind. 1914, section 1065, prohibiting party obtaining divorce on notice by publication in newspaper from remarrying within two years, applies only to citizens of Indiana and to divorces granted in that state, and does not apply to wife who obtained divorce in Kentucky on grounds arising in Indiana, and her subsequent remarriage in Indiana within two years was valid.

2. Husband and Wife — Separation Agreements, if Fair, Reasonable, and Equitable, are Upheld, but will be Closely Scrutinized. — Separation agreements untainted by fraud, undue influence, or coercion, if fair, reasonable, and equitable, considering circumstances of parties when made, are upheld, but will be closely scrutinized by court of equity.

3. Husband and Wife — Separation Agreement, Whereby Wife Waived all Her Rights Growing Out of Marriage Relation, Held Unfair. — Where marriage was entered into in good faith by both parties, separation agreement executed two days thereafter, in which wife waived all her rights growing out of marriage relation, held so unfair as to warrant belief it was executed under influences affecting her freedom of will.

4. Divorce — Award of $600.00 alimony and $100 counsel fees to wife suing for divorce not excessive, where husband, 25 or 26 years old, earned $175.00 a month, and owned property.

Appeal from Muhlenberg Circuit Court.

WILKINS & SPARKS for appellant.

W.S. HOLMES for appellee

OPINION OF THE COURT BY JUDGE REES.

Affirming.

Appellant and defendant below, Kenneth Sparks, and the appellee and plaintiff below, Fairlie Sparks, were married on September 21, 1924, at Rockport, Indiana. The defendant at the time resided with his mother in Central City, Kentucky, and the plaintiff resided with her parents in the country a short distance from Central City.

For more than a year prior to the marriage the defendant had called on the plaintiff regularly several times a week and on more than one occasion had expressed to a third person a desire to marry her.

On September 20, 1924, defendant suggested to Bennie Dukes, who was engaged to marry Lila Roberts, a niece of plaintiff, that the two couples drive to Greenville, Kentucky, and marry. Dukes told him that he and Lila could not marry in Greenville as she was not twenty-one years of age and a license would not be issued there without her father's consent. Defendant then suggested that they drive to Rockport, Indiana, where a license could be procured. They accordingly drove to Rockport in Duke's automobile, the defendant driving the car one-half of the distance. They arrived in Rockport a few minutes before midnight and defendant went to a barber shop or restaurant and called the clerk over the telephone and arranged to meet him at the clerk's office and secure the license. He also called up a minister, who consented to perform the marriage ceremony.

The licenses were procured, the two couples were married a few minutes after midnight and they returned to Central City, arriving there at 5 a.m. on September 21, 1924. They drove to the home of plaintiff's parents, where the two young women were left, and defendant and Dukes returned to their respective homes in town.

On the afternoon of that day, which was Sunday, defendant visited plaintiff at her parents' home, remaining two or three hours. On Monday he again visited her and they went driving. On Tuesday, September 23, 1924, defendant asked plaintiff over the telephone to meet him in Central City. Dukes, who was then living at her parents' home, drove her into town, and they met defendant in front of the post office. Plaintiff and defendant went off together and appeared later in the day in Greenville, Kentucky, and in the office of defendant's attorney. His attorney prepared an agreement which both signed.

This agreement is very lengthy, but in substance recites that at the time the marriage license was procured and the marriage ceremony performed at Rockport, Indiana, Kenneth Sparks was under the influence of intoxicating liquor and the parties had no intention of getting married until a very few minutes before the license was procured; that the agreement to get married was merely a jest and would not have been entered into or carried out except for the fact of Kenneth Sparks being under the influence of intoxicating liquor; that the parties desired the marriage to be set aside and held for naught and that they did not desire to live together as man and wife.

In consideration of these matters, which are set out in a long preamble, the agreement provides that Fairlie Sparks releases Kenneth Sparks from all obligations of future support for herself and that she releases and relinquishes unto him, his heirs and assigns, all rights or claims by way of dower in the real property then owned by Kenneth Sparks or thereafter acquired by him and all rights or claims to a distributive share of his personal estate, then owned or thereafter acquired, and all claims for an allowance for her support. The agreement further provides that Fairlie Sparks shall not in any manner incur or contract any debts on the credit of Kenneth Sparks, and that, in case an action for a divorce should thereafter be instituted by either party, she shall not ask or apply for any allowance as alimony, either temporary or permanent. By the terms of this agreement, Kenneth Sparks also releases all rights or claims, growing out of the marriage relation, that he might have in the property of Fairlie Sparks.

After the agreement was signed the visits of defendant to plaintiff's home ceased. It is admitted that they never lived together as man and wife.

On October 4, 1924, Fairlie Sparks instituted suit in the Muhlenberg circuit court against Kenneth Sparks, alleging that, without fault on her part, he had abandoned her and had refused to make any provisions for her support. She prayed for alimony and that maintenance be allowed her pending the action.

Defendant answered, denying the abandonment and setting up the written contract of September 24, 1924, and pleading estoppel.

He later filed an amended answer in which he alleged the plaintiff had been previously married to Everett Davis and that on January 17, 1924, she filed a petition in equity in the Muhlenberg circuit...