Courville v. Courville

TATE, Judge.

The plaintiff wife sues the defendant husband for a judicial separation. The husband reconvenes for a separation on the ground of the wife’s fault. The trial court dismissed both the wife’s demand and the husband’s reconventional demand for separation, stating that neither party had proven fault on the part of the other.

The wife appeals, contending that the trial court erred in failing to hold that the wife was entitled to a judicial separation on the ground either of her husband’s cruel treatment of her, LSA-Civil Code Art. 138(3), or of his abandonment, LSA-Civil Code Art.…