Boken v. Boken

Neely, Justice:

We granted this appeal because initially it appeared that the plaintiff had done all things necessary to perfect a divorce and that the Circuit Court of Monongalia County had erroneously denied her relief. After detailed study, however, the Court finds that there were fatal procedural errors both in the trial court and in this Court, and that the divorce was properly denied.

On January 31, 1975, the plaintiff below, Julia Chico Boken, began a divorce action against her husband, the defendant below, John Boken, who was at the time a member of the armed forces. On February 6, 1975…