Thе appellant, Johnce L. Copeland, appeals from a decree granting appellee, Charlsa M. Copeland, a divorce, contending that the appellee failed to state or sufficiently corroborаte her grounds for divorce, and that the chancellor erred in awarding properties to their son, Steve Copeland, who was not a party to the action. We agree.
The parties were married in 1946 and now have two grown children. During the course of the marriage the parties separated on more than one occasion and thereafter became reconciled. On October 3, 1979, the appellee finally separated herself from the appellant and remained separate and apart from him since that date.
On May 15, 1980, the appellant filed an action for divorce against the appellee alleging general indignities as his ground for divorce. The appellee answered that complaint and counterclaimed for divorce, also alleging general indignities. At the triаl of the cause the appellant elected not to pursue his complaint and the matter was presented on appellee’s cross-complaint. At the close of the evidence the chancellor denied appellant’s motion to dismiss the counterclaim for appellee’s failure to corroborate her grounds; grаnted her divorce, and made a division of the property of the parties. In the decree, however, he awаrded Steve Copeland, a child of the parties who was not a party to the action, certain personal property which appellee testified was his.
Divorce is a creature of statute and can only be grantеd when statutory grounds have been proved and corroborated. Ark. Stat. Ann. § 34-1212 (Supp. 1979) authorizes the granting of a divorce whеn one spouse shall have proved that the other has offered such indignities to the person as to render his or her condition in life intolerable. Personal indignities have been defined in the cases as rudeness, unmerited reproach, contempt, studied neglect, open insult and other plain manifestations of settled hate, alienation and estrangement, so habitually, continuously and permanently pursued as to create that intolerable condition contеmplated by the statute. Sutherland v. Sutherland,
The appellee testified that her marriage with the appellant had been a bad one for thе past ten years and had reached a point where it was impossible for them to live together. She testified that the conditions under which she lived with him were detrimental to her health, that he had threatened her and that she was afraid of him. Shе did not testify as to the nature of the threats or why she was in fear. She testified further that her children were not welcome in thе home and that this caused her concern. The only corroborating testimony offered was that of the daughter of thе parties, Mary Dennis. Although she testified that the parents had been having difficulties for the past ten years, which were becoming progressively worse, she did not testify as to what the cause of those difficulties was, who was at fault, nor of any aсts of either party to the other which fall within the definition of the statutory
Corroborating testimony may not consist of mere generalities, opinions, beliefs and conclusions on the part of the witness but must be directed toward specific language, acts and conduct. If it is not so directed it is not sufficient. Welch v. Welch,
Corroboration as required by laws of divorce is testimony of some substantial fact or circumstanсe, independent of the statement of a complaining spouse, which leads an impartial and reasonablе mind to believe that material testimony of that spouse is true. Where a particular fact or circumstance is vital to complainant’s case, some evidence thereof in addition to complainant’s testimony is necessаry to constitute corroboration. Gabler v. Gabler,
We also agree with appellant that the chancellor erred in awarding disputed items of personal property to the son of the parties who was not himself a party to the action. Third parties may bе brought into, or intervene in, divorce actions for the purpose of clearing or determining the rights of the spouses in specific properties. Lance v. Mason,
Reversed and remanded.
