Barnes v. Barnes

Harwell, Justice :

This action was instituted by respondent Patricia S. Barnes against Ben Wilson Barnes for a divorce a vinculo matri-monii. The family court judge awarded the divorce on the basis of Section 20-3-10(5), Code of Laws of South Carolina (1976), having found that the parties lived separate and apart without cohabitation for a period of one year. We reverse.

Respondent filed her petition for divorce based on one year separation on April 7, 1979, but it is uncontroverted that the parties resided together in the marital home until January 8, 1979. The parties attest that they lived…