Miller v. Miller

PRICE, Judge.

Plaintiff brought suit for divorce in the district court for the parish of Caddo, alleging that he had been separated from defendant for more than two years without reconciliation and had been a resident of Louisiana for more than five years.

The trial court refused to grant plaintiff a final divorce holding that he had failed to show that his living separate and apart from his wife was voluntary on her part.

Plaintiff has appealed. The sole issue on this appeal concerns whether the trial court erred as a matter of law in applying La.R.S. 9:301 so as to require that the separation…