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Anagnostopoulos v. Anagnostopoulos

SEPTEMBER 3, 1974.

MARIAN G. ANAGNOSTOPOULOS, PLAINTIFF-COUNTERDEFENDANT-APPELLANT,

v.

LAMPIS D. ANAGNOSTOPOULOS, DEFENDANT-COUNTERPLAINTIFF-APPELLEE.



APPEAL from the Circuit Court of Cook County; the Hon. EDWARD E. PLUSDRAK, Judge, presiding.

MR. JUSTICE BURKE DELIVERED THE OPINION OF THE COURT:

This case arose from a divorce action brought by Marian Anagnostopoulos, the plaintiff-counter defendant (hereinafter plaintiff) against Lampis Anagnostopoulos, the defendant-counter plaintiff (hereinafter defendant), who filed a counter-complaint for divorce. Both parties alleged mental cruelty as the grounds for their respective actions. On January 17, 1973, a decree was entered granting a divorce to the defendant and awarding custody of the parties' minor child to him. The order further provided that the plaintiff be awarded $3000 of $21,000 which had at one time been held in joint tenancy with the defendant. Finally, the order directed the defendant to pay to the plaintiff's attorney $3000 in fees.

The plaintiff appeals on the grounds: (1) that the court's decision with respect to child custody was contrary to the manifest weight of the evidence and constituted an abuse of the court's discretion; and (2) that she should have been awarded one-half of the amount once held in joint tenancy. The defendant cross-appeals on the grounds that a $3000 award for the plaintiff's attorney's fees is not supported by the record. No appeal is taken from that part of the order granting the divorce to the defendant.

The parties were married in Chicago in July, 1962. One child, a daughter, was born of that union, and at the time of the entry of the decree was 10 years old. On December 30, 1971, the plaintiff filed suit for divorce, alleging as her grounds mental cruelty. The defendant filed a counter-complaint for divorce on January 26, 1972, alleging the same grounds. Both parties sought custody of the child.

Hearings commenced on July 20, 1972, at the conclusion of which the court granted a divorce to the defendant and awarded him custody of the child. In her brief the plaintiff states:

"The trial court based its determination upon the following allusions:

1. that the plaintiff drove a motorcycle;

2. that she had on three past occasions used marijuana;

3. that she had continued her educational pursuits after the child was born;

4. that she did not hold religion in high favor;

5. that she occasionally employed words characterized by the court as obscene;

6. that she possibly had friends who were homosexuals and may have been one herself;

7. that she had made derogatory remarks to a woman who devoted the majority of her time to the ...


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