Jablonski v. Jablonski

Opinion by

Mr. Justice Cohen,

We allowed this appeal from the Superior Court to dispel any confusion which may exist as to the shifting of the burden of proof in divorce cases alleging desertion.

In a footnote in Larsen v. Larsen, 392 Pa. 609, 611, 141 A. 2d 353 (1958), we said: “When one spouse withdraws from the matrimonial domicile and the resulting separation continues for the required statutory period, the burden is upon the absenting spouse to prove consent to the withdrawal. Duncan v. Duncan, 171 Pa. Superior Ct. 69, 73, 90 A. 2d 357 (1952). And, the failure of the deserted spouse either…