Legal Opinion

Ward v. Ward

Superior Court of Delaware

Decided May 3, 1909PublishedCited by 4 opinions

Divorce.

1Opinion of the Court

Grubb, J.,

delivering the opinion of the Court:

In this case the petitioner, William C. Ward, prays for a divorce a vinculo from his wife, Mary E. Ward, on the sole ground of willful desertion for two years. Wilful desertion, in the statutory intent and meaning, is the voluntary separation of one of the married parties from the other, or the voluntary refusal to renew a suspended marital relation, without justification either in the consent or wrongful conduct of the other. The onus is on the plaintiff satisfactorily to prove all the constituent elements of the alleged wilful desertion. If he…

2Cases cited3 opinions

  1. Lyster v. LysterMassachusetts Supreme Judicial Court · 1873
  2. Dwyer v. DwyerMissouri Court of Appeals · 1885
  3. Hurst v. MeansTennessee Supreme Court · 1852

3Cited by4 opinions

  1. Gordon v. GordonSupreme Court of Florida · 1952
  2. Harrington v. HarringtonSuperior Court of Delaware · 1937
  3. Jones v. JonesSuperior Court of Delaware · 1937
  4. Truman v. TrumanSuperior Court of Delaware · 1934

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