Snavely v. Snavely

Citations: 1959 Ark. LEXIS 580; 230 Ark. 94; 320 S.W.2d 934Docket: 5-1629

Court: Supreme Court of Arkansas; February 23, 1959; Arkansas; State Supreme Court

Lead Opinion SummaryLead Opinion Original

EnglishEspañolSimplified EnglishEspañol Fácil

Irene R. Snavely filed a lawsuit against Max L. Snavely for separate maintenance, while Max filed a cross complaint for absolute divorce. The court ruled in favor of Irene, granting her $200 per month for separate maintenance, requiring Max to pay certain bills incurred by Irene before their separation, and awarding her an additional $100 in attorney’s fees. Max's cross complaint was dismissed. The couple married on March 2, 1957, after knowing each other for two years. Irene was a Chief Stewardess for Western Airlines, and Max was a Field Service Representative for Curtis-Wright Aeronautics Corporation, stationed at Blytheville Air Force Base. 

Irene testified that shortly after their marriage, Max became distant, and they ceased sexual relations within two weeks. Evidence was presented showing that Max had correspondence with Anne Lowery, indicating romantic interest, which he admitted but claimed he did not respond to. Tensions were exacerbated by differing religious beliefs; Max cited contraceptive issues and disagreements about raising children in the Catholic faith as reasons for their estrangement. Despite these issues, it was revealed that Max had previously agreed to support Irene's Catholic beliefs before their marriage.

Appellant acknowledged awareness of the implications of his marriage but lacked understanding of its practical aspects. He was cognizant of his wife's feelings and had no surprise regarding her position. Appellant expressed that his wife's religion was a barrier to their relationship, and he admitted to losing love for her. He denied any improper relationship with Miss Lowery but acknowledged being in her company multiple times, including one trip to Memphis. While he initially denied giving Miss Lowery a gift, he later recalled gifting her an electric razor.

Miss Lowery denied any misconduct and claimed she had not seen him alone since his marriage. The Chancellor found sufficient grounds for granting separate maintenance to Mrs. Snavely, noting appellant’s expressed desire for divorce and his choice to live apart from her. Appellant's assertion that religious differences caused their troubles lacked credibility, as there was no evidence of his deep religious beliefs or church attendance. The evidence suggested that he entered the marriage uncertain and quickly regretted it.

The Chancellor determined that appellant failed to provide sufficient evidence to justify a divorce, with his main complaint being his wife's actions in examining his briefcase. Given the context of their marital issues, such behavior was deemed understandable. Although Mrs. Snavely's letter to appellant's employer, criticizing his conduct, was inappropriate, it was viewed as an emotional reaction rather than grounds for divorce. Appellant also contested the amount awarded for Mrs. Snavely's maintenance.

The individual has a net salary of $478 per month, with deductions for income tax, retirement, health benefits, and life insurance, along with a $120 monthly allowance from his company for social obligations, totaling a net income of $598 when considering an additional $200 advance, the repayment of which is unclear. The wife, Mrs. Snavely, receives one-third of this net income. She previously held a job earning over $400 monthly, which she left upon marriage, and is currently unemployed, claiming age is a barrier to her re-employment. The husband’s expenses could be lowered, evidenced by his $100 monthly room rent, which could be reduced. He contested the attorney's fee as excessive, arguing that Mrs. Snavely had her own funds for legal representation, but the court found her justified in seeking separate maintenance and entitled to legal services. Mrs. Snavely initially had $600 at marriage, some of which was spent before litigation, and had been unemployed since the marriage. The motion for an additional attorney’s fee of $100 for the appeal was granted, bringing the total to $300, which included a previous award of $200. Testimony revealed that during their courtship, the couple discussed raising children within the Catholic faith, which was a condition for Mrs. Snavely. The husband expressed dissatisfaction with the marriage, stating he wanted to end it. The court has affirmed the decisions regarding the financial awards and attorney’s fees.