Stathas v. Stathas

Decision Date20 September 1965
Docket NumberNo. 3,No. 311,311,3
Citation1 Mich.App. 510,136 N.W.2d 713
PartiesNicholas STATHAS, Plaintiff-Appellee, v. Helen T. STATHAS, Defendant-Appellant. Cal
CourtCourt of Appeal of Michigan — District of US

A. J. Rogoski, Bunker & Rogoski, Muskegon, for appellant.

Thomas O'Toole, O'Toole & Jacobi, Robert A. Carr, Jr., Carr & Carr, Muskegon, for appellee.

Before FITZGERALD, P. J., and HOLBROCK and McGREGOR, JJ.

FITZGERLAD, Judge.

This is an appeal by defendant Helen T. Stathas from a judgment of divorce in her favor in which she questions the provisions of the judgment regarding alimony, dower, and the property rights of the parties, complaining specifically that she should be awarded substantial alimony, a portion of the residence property, or reimbursed for the value thereof, and that the award made to her was generally inadequate.

The facts belie her contentions. We find here an extremely short marriage with defendant wife having been thirty years old when married. The parties lived together only 18 months and then sporadically. No children were born of the marriage.

This was a brief marriage and an unfortunate one for both parties and the record is replete with bitter charges and counter-charges. And now, the divorce being over, the residual acrimony falls upon the division of the property of the parties.

Briefly, though the defendant wife has now resumed her life, her employment, and was awarded those things that she brought into the marriage, she now contends she should have a substantial portion of what plaintiff had before they were married.

We cannot agree under any concept of law, equity, nor justice. The trial court, in an exhaustive opinion, has equitably and successfully restored the parties to their respective shores after an unhappy voyage into matrimony.

In that opinion, the court states:

'Much of the personal property came to the parties by way of gifts. Certain of the personal property was purchased from financial gifts to one or the other of the parties. The Court has given meticulous attention to the problem of separating these gifts and acquisitions. This marriage was of short duration, and the Court has sought to put the parties in as good a position as they were prior to the marriage, taking in account some of the expenses of preparation for the marriage.

'I do not consider the proofs sufficient to bring into play any punitive theories of the law. It has been my sole purpose to do equity to...

To continue reading

Request your trial
6 cases
  • Socha v. Socha
    • United States
    • Court of Appeal of Michigan — District of US
    • December 22, 1966
    ...of the case.' Thus, there does not appear to be an absolute duty to support the wife. In the most recent case, Stathas v. Stathas (1965), 1 Mich.App. 510, 136 N.W.2d 713, the short duration of the marriage and the youth of the parties was held sufficient to sustain a decree awarding no alim......
  • McLain v. McLain
    • United States
    • Court of Appeal of Michigan — District of US
    • July 28, 1981
    ...and whether either is responsible for the support of others. Johnson, supra. 11. General principles of equity. Stathas v. Stathas, 1 Mich.App. 510, 136 N.W.2d 713 (1965), lv. den. 377 Mich. 698 (1966); Hoffman, supra; Ross, Applying these standards, we conclude that plaintiff must be awarde......
  • Mattara v. Mattara
    • United States
    • Court of Appeal of Michigan — District of US
    • September 13, 1966
    ...in a case such as this, where there are many equities to be considered, we cannot find that abuse of discretion. Stathas v. Stathas (1965), 1 Mich.App. 510, 136 N.W.2d 713, adequately demonstrates the view of this Court on such The final contention of defendant is that the admission into ev......
  • Farness v. Farness, Docket No. 9446
    • United States
    • Court of Appeal of Michigan — District of US
    • February 19, 1971
    ...282. It does not appear from the record that the trial court abused its discretion in fashioning the judgment. See Stathas v. Stathas (1965), 1 Mich.App. 510, 136 N.W.2d 713. We find no Affirmed. Costs to plaintiff. * MICHAEL D. O'HARA, former Associate Justice of the Michigan Supreme Court......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT