Martin v. Lopez

BOUTALL, Judge.

This is a case involving the denial of alimony to a wife due to the finding that she is not without fault.

Theresa Martin Lopez filed suit for divorce on grounds of adultery, and, alternatively, for separation on grounds of abandonment. Her husband, Candido Lopez, answered the suit and reconvened for a divorce based on his wife’s adultery. At trial, it was conclusively shown that Mr. Lopez was guilty of adultery. Much conflicting evidence was introduced on the issue of adultery as to Mrs. Lopez.

The trial judge rendered judgment awarding a divorce in favor of Mrs. Lopez and…