TUCKER V. TUCKER 806 S.W.2d 758 (1991) CASE BRIEF

TUCKER V. TUCKER

806 S.W.2d 758 (1991)

NATURE OF THE CASE: W appeals from the trial court's award of marital property, award of custody, and establishment of temporary custody and visitation.

FACTS: H and W married in 1981 and separated in 1988. One child, Nichole, was born of the marriage. H filed for dissolution when W started an affair with another man, Babor. The trial court found W guilty of marital misconduct presumably based on the contacts with Babor although the nature of the misconduct was not specified in the decree. The court did find this misconduct 'directly contributed to the dissolution of the marriage.' The marital assets of the parties were limited. The decree awarded H the home, title to his pension and retirement plan, both motor vehicles, all bank accounts in his name, all household furnishings and appliances contained in the marital home, and his clothing, jewelry and personal effects. W received her clothing, jewelry and personal effects, bank accounts in her name, and all household furnishings and appliances in her possession. The effect of the decree was to award husband virtually all the marital property and a washing machine which the parties agreed W had inherited from her grandmother. No maintenance was asked for or was awarded to either party. W appealed the award of almost all the marital property to H.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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