HYBERTSON v. HYBERTSON

Nos. 20259, 20268.

582 N.W.2d 402 (1998)

1998 SD 83

Theresa HYBERTSON, Plaintiff and Appellee, v. Robert E. HYBERTSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 29, 1998.


Attorney(s) appearing for the Case

John K. Nooney and Michael V. Wheeler of Morrill, Thomas, Nooney & Braun, Rapid City, for plaintiff and appellee.

Brian L. Utzman, Rapid City, for defendant and appellant.


MILLER, Chief Justice.

[¶ 1.] Robert and Theresa Hybertson both appeal from the judgment in their divorce action. Robert claims the trial court erred in granting the divorce on the grounds of extreme cruelty. He also argues the visitation schedule established by the trial court violates the Establishment Clause of the First Amendment to the United States Constitution. Theresa appeals the trial court's denial of her attorney fees. We affirm in part, and reverse...

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