Litigation

A wife is not entitled to periodic support due to failure to prove freedom from fault in the dissolution of the marriage. Guillory v. Guillory, No. 08-1375, La. Ct. App., April 1, 2009.

The parties were married approximately 17 months before the husband moved out of the matrimonial domicile. The wife contended that the district court manifestly erred in finding her partially at fault in the dissolution of the marriage. The court gave great deference to the trial court's determinations. The wife failed to prove freedom from fault, as required for an award of final periodic support under La. Civ. Code Ann. art. 112(A). The wife's behavior constituted habitual intemperance or excesses, cruel treatment, or outrages. She stayed away from home for days at a time, locked her husband out of their home when he was late, and purposely delayed a trip by angrily failing to prepare to leave as scheduled. The court was satisfied that the trial court's finding that the wife was not free from fault was not manifestly erroneous. The wife also failed to establish good cause for the extension of the interim periodic spousal support, pursuant to La. Civ. Code Ann. arts. 111, 113, because she failed to undertake a job search and was voluntarily out of the workforce. She did not establish any compelling reason that would make it inequitable to deny an extension of such support.