Banick v. Banick

This is an appeal from a decree of separation from bed and board for three years entered under the provisions of OES 107.320.①

The defendant-husband in the divorce case challenges the right of the trial court to grant a decree of limited separation after the trial court had observed from the bench that the plaintiff-wife had failed to prove sufficient grounds for a divorce.

Since the quoted statute contemplates cases in which there may be a judicial separation even though divorce must be denied, e.g., where the parties have not resided within the state for one year, or where the plaintiff is…