Cruse v. Cruse

KING, Judge.

This appeal presents the issue of whether or not the trial court erred in granting a judgment of separation based on mental cruelty.

Andrew W. Cruse, Jr. (hereinafter plaintiff) filed suit against his wife, Marilyn R. Cruse (hereinafter defendant) for a separation on the grounds of mental cruelty. The trial court granted a judgment of separation in favor of the plaintiff, awarded custody of the parties’ minor son to defendant, and ordered plaintiff to pay $150.00 per month child support. Defendant timely appeals only the portion of the judgment awarding plaintiff a separation. We…