Kathryn G. Braeman v. John A. Braeman

This is an action brought by the wife, petitioner, against the husband, respondent, praying for dissolution of the marriage, child custody and support, division of property, alimony, and attorneys' fees. The respondent acknowledged that the marriage was irretrievably broken and by cross-petition asked for custody of the children of the parties. After trial the court found the marriage to be irretrievably broken, entered a decree of dissolution, and found that both parties were fit and proper persons to have the custody of the children of the parties. Custody of the daughter was given to the petitioner and custody of the son to the respondent, detailed provision for visitation rights and periodic temporary exchanges of custody being provided. The decree divided the property of the parties, and awarded alimony and child support. The petitioner appealed. On the appeal she assigns as error: (1) The order splitting custody of the children; (2) insufficiency of the award of alimony and child support, and inadequacy of the amount of property awarded to her; and (3) inadequacy of allowance of attorneys' fees. We affirm. The parties were married on March 29, 1969. At the time of trial in 1973 the petitioner was 32 years of age and the respondent 40. The petitioner had previously been married. The son, David, was born August 11, 1970. The daughter, Beth, adopted by the respondent as soon after the marriage as was legally permitted, had been born to the petitioner on October 3, 1966. Respondent holds a Ph.D. Degree and is a professor of history with tenure at the University of Nebraska. His annual salary is $16,000, supplemented by summertime teaching or research grants as well as royalty income from publications. The petitioner has a Master's Degree in English and at the time of the marriage was employed and earning $8,000 per year. At respondent's request she terminated this employment before the marriage.