Buchanan v. Buchanan

CAREY, Justice.

From the Superior Court’s denial of a divorce decree, Melvin F. Buchanan has appealed. The complaint was based upon voluntary separation for a period of more than three years with no reasonable expectation of reconciliation. T. 13 Del.C. § 1522(11). The Court below held that the original separation was not voluntary on defendant’s part, and that it had not become voluntary during the intervening years. Appellant contends that the Court erred in this finding because the wife’s failure to seek a reconciliation during the past eleven years shows her tacit acquiescence requiring an…