Arsenault v. Arsenault

Plaintiff filed complaint for divorce on the basis of cruelty. Defendant answered and also filed a cross-complaint for divorce on the basis of cruelty to which plaintiff filed answer. At the conclusion of a full trial, plaintiff was granted a divorce, custody of an 8-year-old child, as well as other relief, and defendant’s cross-complaint was dismissed. Defendant appeals and questions the propriety of the grant of divorce and custody to plaintiff and contends he should have been awarded the divorce and custody.

The rule governing this Court on an appeal of this type is well stated in Chubb v.…