Ewing v. Ewing

Opinion by

Baldrige, J.,

The libellant brought this action in divorce against his wife on the ground of desertion. The respondent in her answer avers that the acts, conduct, and demeanor of her husband “forced her to leave him and to live separate and apart from him.” In other words, while her leaving the home was voluntary it was not malicious but was justified by libellant’s conduct.

The withdrawal by the wife from the common domicile and cessation of marital relations imposed upon her the burden of proof to establish by the preponderance of the evidence facts that would entitle her to a…