Atkinson v. Atkinson

I agree with the court that the “primary factors” set forth in Tibbs favor an award of separate maintenance here. I also agree that “the level of conduct necessary to justify a spouse’s departure from the marital residence has necessarily changed by reason of the adoption in this jurisdiction of ‘no fault’ divorces.” Ante at 670. See Bernard v. Bernard, 730 A.2d 663, 666 & n.9 (D.C. 1999). Finally, I agree that the evidence is unmistakable that the At-kinsons had “grown apart” — irretrievably — “and that appellant wife left the marital residence after the marriage itself had become lifeless…