Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana. Trial Court No. 2013-1222. Honorable Robert C. Johnson, Judge.
DONALD L. KNEIPP, Counsel for Appellant.
LAURIE JO BURKETT, E. DION YOUNG, Counsel for Appellee.
Before WILLIAMS, CARAWAY and DREW, JJ.
[49,512 La.App. 2 Cir. 1]
The plaintiff, Ashlee Tidwell (" Ashlee" ), appeals a judgment granting the defendant a divorce. The trial court found
that the defendant had proved by a preponderance of evidence that the plaintiff committed adultery. For the following reasons, we affirm.
Ashlee and Todd Tidwell (" Todd" ) were married in October 1995, in Ouachita Parish, Louisiana. The parties have two children, who were 17 and 12 years old at the time of trial. In December 2012, Ashlee and Todd met Glenn Northcott (" Glenn" ) at a party and they began visiting often with Glenn at his houseboat on the Ouachita River. Ashlee began sending an increasing number of text messages to Glenn. In February 2013, Ashlee remained at Glenn's houseboat after the other guests left and did not return home until early in the morning. On March 8, 2013, while Todd was at home, Ashlee went out for the evening with Glenn and another couple, Kathy and Karl Porter. Ashlee and Glenn spent the night at the Porters' home.
On April 16, 2013, Ashlee filed for divorce under LSA-C.C. art. 102 seeking custody, child support, spousal support, and partition of community property. Todd filed an answer and reconventional demand under LSA-C. C. art. 103(2), alleging that Ashlee had committed adultery and was at fault in the breakdown of the marriage. After a hearing officer conference was held, a consent judgment was entered in February 2014, by which the parties resolved the issues of child support, custody and interim periodic spousal support.
[49,512 La.App. 2 Cir. 2] At the divorce hearing, Ashlee did not appear and her deposition was introduced into evidence. Todd and two private investigators testified about the number of meetings between Ashlee and Glenn at her residence and his houseboat. After hearing the testimony, the trial court issued oral reasons finding that based upon the totality of the circumstances, Todd had proved by a preponderance of evidence that Ashlee had committed adultery. The court ...