This section contains the nature of the case and procedural background.

H and Mary (W) were married August 1, 1970. Four children were born of the marriage. At the time of trial, two children, ages 13 and 10, remained unemancipated. W filed for dissolution alleging that she and H 'separated on March 19, 1996.' She also alleged the marriage was irretrievably broken 'because H has behaved during the marriage in such a way that W cannot reasonably be expected to live with him.' H objected. W testified that H tried to control everything she did and that they often argued over how and where money should be spent. H fought her on getting her college education. While H was working on a job in Virginia for fifteen months, she was much happier without H around. H testified that he did not believe the marriage was irretrievably broken and that he did not want the court to dissolve the marriage. The court granted the divorce. The court specifically stated it did 'not find that H has behaved in such a way that W could not reasonably be expected to live with him.' Both H and W appealed.

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