Wife D. v. Husband D.

The appellant wife, defendant below, has appealed from a decision of the Superior Court which permitted the appellee husband to amend his complaint in a divorce case.

The ground for divorce alleged is incompatibility under 13 Del.C. § 1522(12), which requires that the incompatibility must exist for two consecutive years prior to the filing of the action. 13 Del.C. § 1502 requires that the true cause of the complaint shall be verified by the affidavit of the petitioner that “the facts stated are true”. The complaint in this case stated that the parties were incompatible for approximately three…