Frost v. Frost
Superior Court of New Hampshire
Libel for Divorce. The parties were married in the county of Lincoln, in the State of Maine, in 1825, and, having resided there a few years, removed to Acton, in the county of York, in the same State, where they resided till within about eight years before the filing of the libel, when the libellant left the house of her husband, and removed to Somersworth, in this State, where she has since resided and still resides.
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Libel for Divorce. The parties were married in the county of Lincoln, in the State of Maine, in 1825, and, having resided there a few years, removed to Acton, in the county of York, in the same State, where they resided till within about eight years before the filing of the libel, when the libellant left the house of her husband, and removed to Somersworth, in this State, where she has since resided and still resides. It appeared that for some time before the libellant left her husband’s residence, he had made but insufficient provision for the reasonable wants of the libellant and the…
1Opinion of the CourtWoods, J.
A wife may sue for and obtain a divorce, “ when her husband shall willingly have absented himself from her for the space of three years together, without making suitable provision for her support and maintenance.” Rev. Stat., chap. 148, sec. 3.
But this court has not jurisdiction of the cause, unless it appear that the offence was committed while the parties were domiciled within the State. If the desertion took place in another jurisdiction, the injured party must seek redress under its laws, and cannot, by coming within this State, take advantage of ours. The libel does not state thát the…
2Cases cited1 opinion
- Clark v. ClarkSuperior Court of New Hampshire · 1835