Schmidt v. Schmidt

LOTTINGER, Judge.

This is a suit for divorce based on adultery and for child custody. The trial court granted a divorce to the husband-plaintiff, Drew Gustave Schmidt, and awarded the husband custody of 11- and 9-year-old daughters born of the marriage.

From this judgment, the defendant-wife, Judith Elaine Schmidt, appeals. She alleges the trial court erred in admitting evidence pertaining to specific acts of adultery when there was no specific act of adultery alleged in the petition; in finding that the plaintiff was entitled to a divorce based on adultery; and in finding that the…