LeRay v. Milligan

MARY ANN VIAL LEMMON, Judge pro tern.

On January 28, 1988, the husband filed a petition for legal separation based on living separate and apart from his wife since July 4, 1987. On July 18, 1988, he filed a petition for divorce based on living separate and apart from his wife since July 4, 1987.

On December 1, 1988, the parties appeared for hearing on the merits of both the separation and the divorce actions. The husband attempted to obtain judgments of separation and divorce simultaneously in order to insure that the dissolution of the community would be retroactive to the date of his filing…