Murray v. Murray

Ness, Justice.

Anne Murray appeals from an order of the Family Court granting a legal separation and other relief to Emmette Sherman Murray. We affirm, with one modification.

Initially, appellant asserts Mr. Murray condoned her alleged misconduct by remaining in the marital home. We disagree. Mr. Murray remained in his home on advice of counsel and for the sake of the parties’ young son. It is uncontroverted that he and his wife occupied separate rooms. Even if Mr. Murray’s initial decision to stay in the home constituted condonation, the condonation was nullified by Mrs. Murray’s subsequent…