Pelletier v. Pelletier, 597 A.2d 60 (Me. 1991). · Go Syfert
Pelletier v. Pelletier, 597 A.2d 60 (Me. 1991). Cases Citing This Book View Copy Cite
9 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Keybank National Association v. Estate of Eula W. Quint (me, 2017-12-21)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Keybank National Association v. Estate of Eula W. Quint
Me. · 2017 · confidence medium
Granite Mfrs., Inc., 2006 ME 14, ¶¶ 4-8 , 890 A.2d 700 (concluding that a party’s lack of preparation for a damages hearing did not justify a continuance); Pelletier v. Pelletier, 597 A.2d 60, 61 (Me. 1991) (concluding that the trial court did not abuse its discretion by denying a motion to continue based on a party’s lack of preparation when that party had sufficient notice of the hearing, had a full opportunity to present his case, and failed to demonstrate any prejudice).
discussed Cited as authority (rule) Huda D. Daud v. Badal H. Abdullahi
Me. · 2015 · confidence medium
Under those circumstances, the court did not err in concluding'that Abdullahi would not be prejudiced by the denial of his motion. 2 See Pelletier v. Pelletier, 597 A.2d 60, 61 (Me. 1991) (holding that the court did not abuse its discretion in denying a motion for continuance where the moving party “had sufficient notice” of the hearing); cf. Christensen-Towne, 2002 ME 121, ¶ 9 , 802 A.2d 1010 (holding that the trial court abused its discretion in denying a motion for a continuance when the defendant was notified about the hearing less than an hour before it began). [¶ 9] Abdullahi also …
discussed Cited as authority (rule) Zeolla v. Zeolla
Me. · 2006 · confidence medium
The trial court has broad power to award spousal support “so long as the amount is reasonable and the court takes into account the payor spouse’s ability to pay and the payee spouse’s needs and opportunities.” Id. (quoting Pelletier v. Pelletier, 597 A.2d 60, 62 (Me.1991)). [¶ 12] The court’s award was well within its discretion.
discussed Cited as authority (rule) Miele v. Miele
Me. · 2003 · signal: cf. · confidence medium
Cf. Pelletier v. Pelletier, 597 A.2d 60, 62 (Me.1991) (“A divorce court is vested with broad powers to order ... alimony ... so long as ... the court takes into account the payor spouse’s ability to pay .... ”).
cited Cited as authority (rule) Schneider v. Putnam
Me. · 1998 · confidence medium
See Ficek v. Coastal Harbors Inc., 658 A.2d 1055, 1056 (Me.1995); Pelletier v. Pelletier, 597 A.2d 60, 61 (Me.1991).
discussed Cited "see" U.S. Bank, N.A. v. Sawyer
Me. · 2014 · signal: see · confidence high
See Pelletier v. Pelletier, 597 A.2d 60, 61 (Me.1991) (stating that lack of preparedness is not an excuse when adequate notice is given); see also Bartlett, 2014 ME 37, ¶ 14 , 87 A.3d 741 (“We have ... considered the presence of a warning as a factor supporting dismissal with prejudice.”). [¶ 13] The Bank concedes, as it did in the Superior Court, that it failed to participate constructively in the mediation process and that it was not prepared to present evidence at the hearing, but argues (A) that the sanction of dismissal with prejudice is excessive under the circumstances and creates…
cited Cited "see" Bradshaw v. Bradshaw
Me. · 2005 · signal: see · confidence high
See Pelletier v. Pelletier, 597 A.2d 60, 62 (Me.1991).
cited Cited "see" Ficek v. Coastal Harbors Inc.
Me. · 1995 · signal: see · confidence high
See Pelletier v. Pelletier, 597 A.2d 60, 61 (Me.1991).
Retrieving the full opinion text from the archive…
Pauline G. PELLETIER
v.
Cyr P. PELLETIER
Supreme Judicial Court of Maine.
Sep 26, 1991.
597 A.2d 60
Lisa Cohen Lunn, Marvin Glazier, Va-fiades, Brountas & Kominsky, Bangor, for plaintiff., Raymond L. Williams, Roy, Beardsley, Williams & Kesaris, Ellsworth, for defendant.
McKusick, Roberts, Wathen, Glassman, Clifford, Collins.
Cited by 8 opinions  |  Published
CLIFFORD, Justice.

Defendant Cyr Pelletier appeals from a judgment of the Superior Court (Hancock County, Browne, A.R.J.) affirming a divorce judgment of the District Court (Ells-worth, Staples, J.). He contends that there was insufficient evidence of irreconcilable marital differences, the grounds upon which the divorce was granted, and that the court abused its discretion in denying his motion to continue the divorce hearing. In addition, he disputes the court’s award of alimony and its orders pertaining to arrearages and attorney fees. We affirm.

After 45 years of marriage and 10 children, Pauline Pelletier, the plaintiff-wife, sought a divorce from her husband, Cyr Pelletier. The grounds asserted were irreconcilable marital differences. See 19 M.R.S.A. § 691(1)(H) (1981). [1] Mrs. Pelletier testified that their marriage had “gone downward,” that there was “so much anger and hate that I just can’t live that way anymore,” that she and Mr. Pelletier could not talk to each other, that Mr. Pelletier was always angry and that “he dictates to me,” that Mr. Pelletier excluded her from his will in favor of a person he hardly knew, that he had attempted to have her committed shortly before she left the marital home, and that she could “definitely” not continue to live with Mr. Pelletier.

That evidence demonstrates more than trivial or minor differences between the Pelletiers and a “greater degree of disparity between husband and wife than mere unhappiness, for which a divorce cannot be granted.” Mattson v. Mattson, 376 A.2d 473, 476 (Me.1977). Because the court could find that cohabitation had become intolerable for Mrs. Pelletier, its granting of the divorce on the grounds of irreconcilable marital differences cannot be disturbed. Id.

Mr. Pelletier also argues that the court should have granted his motion to continue the divorce hearing, made on the date of the hearing, because he was unprepared to present evidence on the financial aspects of the divorce. A request for a continuance is directed to the sound discretion of the trial court. Blue Rock Indus. v. Raymond Int’l, Inc., 325 A.2d 66, 79 (Me. 1975); see M.R.Civ.P. 40(c). Because Mr. Pelletier had sufficient notice of the divorce hearing, and because he failed to demonstrate any prejudice to him from the court’s refusal to grant the requested continuance (the record reflects that the court gave Mr. Pelletier full opportunity to present his case at the hearing and the opportunity to make additional post-trial written submissions to the court before the judgment was entered), the court acted well within its discretion in denying his motion. See Magno v. Town of Freeport, 486 A.2d 137, 140 (Me.1985).

Mr. Pelletier further contends that the alimony of $1000 per month[*62] awarded to Mrs. Pelletier was excessive, and that he should not have been ordered to pay arrearages and attorney fees. Mr. Pelletier bases those contentions on his lack of ability to pay. A divorce court is vested with broad powers to order one spouse to pay alimony to the other so long as the amount is reasonable and the court takes into account the payor spouse’s ability to pay and the payee spouse’s needs and opportunities. See Jacobs v. Jacobs, 507 A.2d 596, 600 (Me.1986); Skelton v. Skelton, 490 A.2d 1204, 1207 (Me.1985); 19 M.R.S.A. § 721 (Supp.1990). The determination of what is reasonable “must be the result of the exercise of sound judicial discretion” and this court accords great deference to the trial court’s decision. Capron v. Capron, 403 A.2d 1217, 1218 (Me.1979). We will not find an abuse of discretion unless the injustice of the award is so plain and unmistakable that it “becomes instantly apparent upon review.” Sweeney v. Sweeney, 556 A.2d 660, 661 (Me.1989); Anderson v. Anderson, 591 A.2d 872, 874 (Me.1991). There is no plain and unmistakable injustice apparent in this alimony award. Nor was there any abuse of discretion in the court’s arrearage order, Sweeney, 556 A.2d at 661, or in its order requiring Mr. Pelletier to pay attorney fees incurred by Mrs. Pelletier. Most v. Most, 477 A.2d 250, 263 (Me.1984); 19 M.R.S.A. § 722(3) (1981). Therefore, we cannot disturb any of the orders pertaining to alimony, arrearage, or attorney fees.

Other issues raised by Mr. Pelletier are without merit and require no further discussion.

The entry is:

Judgment affirmed.

All concurring.

1

. 19 M.R.S.A. § 691(1)(H) provides:

(1) Grounds. A divorce may be decreed for one or more of the following causes:
(H) Irreconcilable marital differences!!]