Phillips v. Phillips

After 24 years of marriage, the plaintiff, Lucille Phillips, filed an action on August 27, 1965, for separate maintenance against her husband, the defendant, Robert E. Phillips. On June 7, 1967, the defendant husband answered and filed a counterclaim for divorce. The trial commenced May 14, 1969. During the course of the trial the judge granted the husband’s request that his counterclaim be dismissed. At the conclusion of the proofs and after both sides had rested, the wife made a motion to amend her complaint to seek an absolute divorce. The amendment was allowed over the husband’s…