Lewis v. Lewis

Appellant husband claims error in denying him an absolute divorce on the ground of five years’ voluntary separation without cohabitation1 and in awarding maintenance to the wife.2

The question of the voluntary separation of the parties for the requisite *267consecutive five years was an issue of fact resolved against appellant upon conflicting evidence before the trial judge. The husband contended that the wife silently acquiesced in the separation of the parties. The wife, however, testified she did not leave the marital abode voluntarily and that she wrote her husband a number of letters…