Wife B. v. Husband B.

In this contested action, the Husband filed suit for divorce on the ground that the marriage was irretrievably broken where it was characterized by voluntary separation. 13 Del.C. § 1505(b)(1). The case was tried by the Family Court on July 23, 1976 and, during an office conference some four weeks later, the Husband’s attorney moved to add incompatibility as a ground, 13 Del.C. § 1505(b)(4). Over objection, the motion was granted and the Court, in an order dated September 30, 1976, stated that:

“[t]he testimony given at the hearing was, in the Court’s opinion, sufficient to prove that the…