Oxford v. Oxford

In this case the chancellor granted the appellee husband a divorce on the ground of three years separation. For reversal the appellant contends that the court should have denied the appellee’s application for divorce and should instead have awarded the appellant that relief upon her counterclaim.

The appellant is right in her insistence that the proof does not sustain the decree. The statute requires that the parties live “separate and apart,” without cohabitation, for three consecutive years. Ark. Stat. Ann. § 34-1202 (Bepl. 1962). Oxford testified that he and his wife had not had marital…