Rolph v. Rolph

Seitz, Chancellor:

Plaintiff, wife, brought an action for divorce against the defendant, husband, based upon the three years voluntary separation provision of our statute, 13 Del. C. § 1522. This ground was added to the divorce statute by an amendment passed April 3, 1957, which reads as follows:

“(11) When husband and wife have voluntarily lived separate and apart, without any cohabitation for three consecutive years prior to the filing of the divorce action and such separation is beyond any reasonable expectation of reconciliation.”

The petition for divorce also requested that defendant’s…