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Schrader v. Schrader3/24/1998
STEPHEN WILLIAM SCHRADER, APPELLANT v. WILMA JEAN SCHRADER, APPELLEE
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 02/16/96
TRIAL JUDGE: HON. THOMAS L. ZEBERT
COURT FROM WHICH APPEALED: RANKIN COUNTY CHANCERY COURT
NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS
TRIAL COURT DISPOSITION: WILMA JEAN SCHRADER WAS GRANTED A DIVORCE ON THE GROUND OF HABITUAL CRUEL AND INHUMAN TREATMENT. WILMA WAS AWARDED CUSTODY OF THE MINOR CHILD, CHILD SUPPORT , LUMP SUM ALIMONY, EQUITY IN THE MARITAL HOME, AND ATTORNEY'S FEES.
DISPOSITION AFFIRMED - 3/24/98
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
Stephen William Schrader appeals from the judgment of the Chancery Court of Rankin County, Mississippi, in which the chancellor granted Wilma Jean Schrader a divorce on the ground of habitual cruel and inhuman treatment, granted custody of the minor child born of the marriage to Mrs. Schrader, and granted to Mrs. Schrader lump sum alimony, child support , and other relief. We find that the trial court did not abuse its discretion in this case, and thus, we affirm.
A. THE FACTS
On January 30, 1995, Wilma Jean Schrader filed a complaint for a divorce from her husband, Stephen William Schrader, on the grounds of habitual drunkenness and habitual cruel and inhuman treatment. Alternatively, she also sought a divorce because of irreconcilable differences. Mr. Schrader answered and also filed a counterclaim for divorce on the grounds of habitual cruel and inhuman treatment or, alternatively, because of irreconcilable differences. Each party requested custody of Nicole Schrader, their seven-year-old daughter, as well as child support , alimony, and other relief. They were married on June 12, 1982.
Mrs. Schrader testified that Mr. Schrader had been a habitual drunkard for approximately ten years and described their marital relationship as intensely volatile. She testified that her husband became abusive when drinking, and she stated that his abusive behavior was primarily directed at her as well as her sixteen-year-old son by a prior marriage.. According to Mrs. Schrader, she became afraid that Mr. Schrader would kill someone when he became drunk. She further stated that Mr. Schrader, when in a drunken condition, would engage in physical fights with her son. In his testimony, Mr. Schrader admitted to having "scuffles" with his stepson, but testified that the boy was tall and large, and that the child essentially provoked the fighting.
In her testimony, Mrs. Schrader described the cycle in which the Appellant would invariably apologize for his abusive outbursts and ultimately return to his drinking habits and abusive behavior. She also testified to two occasions where Mr. Schrader attacked her physically.
On one occasion, Mr. Schrader picked her up, beat her, and threw her out of the house, refusing her re-entry for two hours. In his testimony, Mr. Schrader testified that Mrs. Schrader was abusing their new television set when he picked her up, "popped" her, and put her outside the house. However, he stated that he left her outside for only two minutes. He further testified that he told his wife that when she began acting like an adult, she could come back inside.
On the other occasion, Mrs. Schrader testified that Mr. Schrader threw a soft drink can and hit her in her back. He also threatened her and slammed his fist down on a counter top. He then began searching in the house for a gun, at which time she called the police depart
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