Court of Appeal of Louisiana for the Second Circuit
882 So. 2d 705 (La. Ct. App. 2004)
Frank Jenkins (defendant) and Brenda Jenkins (plaintiff) were married. Brenda moved out of the couple’s house and refused to return. Brenda filed for divorce, seeking spousal support. Frank argued that Brenda deserted him, rendering Brenda at fault and ineligible for spousal support. Brenda testified that while she lived with Frank, he drank to excess daily and that his drinking led to abuse. The trial court found that Brenda was not at fault and awarded her spousal support. Frank appealed.
Rule of Law
Holding and Reasoning (Moore, J.)
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