Arkfeld v. Arkfeld

By Judge James L. Berry

On March 30, 1990, I sustained complainant’s motion to strike defendant’s prayer for divorce on the grounds of cruelty and constructive desertion contained in his cross-bill.

The Court must also now deny the wife’s prayer for divorce from the husband on the ground of desertion. While it is the opinion of the Court that under the evidence apparent to her, the wife was fully justified in requiring the use of a condom by the husband as a prerequisite to sexual intercourse, it is the further opinion of the Court that the husband has advanced sufficient evidence of the…