Issarescu v. Issarescu

*240OPINION

By the Court,

Thompson, J.;

The district court granted Ileana Issarescu a divorce upon the ground of three years’ separation without cohabitation. We are asked to reverse mainly because there is no explicit testimony or documentary evidence establishing that the separation was voluntary and with intent to discontinue the marital relationship. Mrs. Issarescu said nothing on the point, nor did her husband, the defendant, who contested the divorce and was personally present throughout the trial.

A claim for relief under NKS 125.010 (9)1 contemplates a voluntary separation without…