Sitterson v. . Sitterson

C. S., 1659, prescribes the grounds upon which an absolute divorce may be granted by the courts. Subsection 4 provides that an absolute divorce may be granted on application of the party injured “if there has been a separation of husband and wife, and they have lived separate and apart for five successive years, and the plaintiff in the suit for divorce has resided in this State for that' period.” Therefore, the injured party, in order to secure an absolute divorce, is required to allege and prove:

1. The marriage.

2. Separation for five successive years.

3. That the plaintiff in the suit has…