Davis v. Davis

By Judge Edward L. Hogshire

In this suit for divorce a vinculo matrimonii on the grounds of living separate and apart for more than one year, Respondent has filed a motion to dismiss the suit. For the reasons more fully articulated below, this Court grants the motion to dismiss.

Question Presented

Has the Complainant established the parties in a divorce proceeding have lived “separate and apart” even though they live at the same residence?

Facts

The parties were married on February 18,1967. They have one child, who is over eighteen years of age. Since 1985, the parties have slept in separate…