Witte v. Witte

McGRAW, Justice:

This is an appeal by Henry Charles Witte from a final decree of the Circuit Court of Cabell County, entered November 9, 1982, granting a divorce to Helen Elaine Witte on the ground of cruel and inhuman treatment. Mr. Witte contends that the finding of cruelty was not supported by the evidence or by proper findings of fact and conclusions of law. We agree, and we reverse the judgment of the circuit court.

At the time of the final hearing, Mr. and Mrs. Witte, then 63 and 58 years old, respectively, had been married for fourteen years. No children were born of this union, but Mrs.…