Capps v. Capps

On December 5, 1973, David Capps, Sr., filed a bill of complaint against his wife, Patricia Diane Seawell Capps, seeking a divorce a mensa et thoro, to be later merged into an absolute divorce, on the ground that she willfully deserted him on October 23, 1973. The bill of complaint was subsequently amended to include allegations of adultery. The wife filed an answer and cross-bill, in which she prayed for a divorce a. mensa et thoro based on a single act of physical cruelty which occurred on October 23, 1973. The wife further prayed for custody of the parties’ two children, together with…