Smith v. Smith

Elizabeth A. Smith and Harold R. Smith were married on July 3, 1953 and lived continuously as husband and wife until September 1972, when Harold and the couple’s two sons left the marital domicile. On October 13, 1972, Elizabeth filed a miscellaneous petition for relief without commencement of divorce proceedings under G.L. 1956 (1969 Reenactment) §15-5-19 against her husband on the ground of extreme cruelty. One week later, Harold filed a petition for an absolute decree of divorce also alleging extreme cruelty. The cases were consolidated for trial on both petitions, and hearings began on…