Wife T v. Husband T

In this action the Superior Court granted plaintiff-husband’s petition for divorce based on voluntary separation, 13 Del.C. § 1522(11), and denied defendant-wife’s motion for a new trial. This appeal followed. Under Levitt v. Bouvier, Del.Supr., 287 A.2d 671 (1972), we must affirm if the findings are supported by sufficient evidence.

I

The parties were married in 1945 and have been living apart since 1969. In 1968 the husband filed for divorce in Pennsylvania and two years later defendant sought a “bed and board” divorce in the same State. Both petitions were denied. Thereafter the husband…