Opinion
May 9, 1972.
Editorial Note:
This case has been marked 'not for publication' by the court.
Ireland, Stapleton, Pryor & Holmes, Wilbur M. Pryor, Jr., Kenneth L. Starr, Denver, for plaintiff-appellee.
Friedman, Bader & Moore, Gerald L. Bader, Jr., John J. Lepley, Denver, for defendant-appellant.
ENOCH, Judge.
This is a divorce action. The parties were married November 5, 1969, and, on April 16, 1970, the husband filed a complaint for divorce on grounds that the wife had committed extreme and repeated acts of mental cruelty in the State of Colorado. The trial court granted the husband the divorce and awarded the wife alimony in the amount of $250 per month for the first twelve months, $150 per month for the next twelve months, a $10,000 lump-sum payment and $5,000 for attorney fees. The wife appeals, alleging numerous errors relating to the trial court's granting the husband a divorce and the provisions of the permanent orders.
We find no merit in the wife's allegations that the husband was not entitled to a divorce on the statutory ground of extreme and repeated acts of cruelty. The husband related various acts of the wife, which were committed within the State of Colorado, which he said, and the trial court found, caused him mental suffering and anguish. Although some of the husband's testimony was contradicted by the wife, this conflict raised only a question of fact which was resolved by the trial court. See Cochran v. Cochran, 164 Colo. 99, 432 P.2d 752.
We also find that the trial court did not abuse its discretion in its award of alimony, lump-sum payment and attorney fees. At the time of the marriage, the husband was 73 and the wife was 45. The marriage lasted slightly more than six months and the parties were actually together for less than half this time. The trial court found the wife was in good health and that her earning capacity had not been diminished as a result of the marriage and divorce. Under these circumstances, the trial court's award to the wife was not an abuse of discretion. Nunemacher v. Nunemacher, 132 Colo. 300, 287 P.2d 662.
We have examined the wife's other allegations of error and find them to be without merit.
Judgment affirmed.
COYTE and PIERCE, JJ., concur.