Legal Opinion
Paraskewich v. Paraskewich
Supreme Court of Delaware
Decided November 1, 1966PublishedCited by 3 opinions
1Opinion of the Court
WOLCOTT, Chief Justice:
This is an appeal from the denial to the wife of an uncontested divorce. The wife sought a divorce under 13 Del.C. § 1522 for desertion.
To prove willful desertion by a husband under 13 Del.C. § 1522, the proof must establish that the separation existed for the full space of two years; was intentional and without real justification, and without the consent of the wife. Harrington v. Harrington, 8 W.W.Harr. 333, 192 A. 555.
The wife called two witnesses to testify that her husband had left her and had remained away for over two years, but she was the sole witness who gave…
2Cases cited4 opinions
- Wood v. WoodCourt of Appeals of Maryland · 1961
- Marcey v. MarceyDistrict of Columbia Court of Appeals · 1957
- Harrington v. HarringtonSuperior Court of Delaware · 1937
- Pempek v. PempekSupreme Court of Connecticut · 1954
3Cited by3 opinions
- Tyndall v. TyndallSupreme Court of Delaware · 1968
- WIFE v. v. HUSBAND V.Supreme Court of Delaware · 1972
- Buchanan v. BuchananSupreme Court of Delaware · 1967