Osborn v. Osborn

GRINE, J.,

The sole issue to be decided is whether or not a spouse is entitled to a divorce under Section 201(d) of the Divorce Code, 23 P.S. §201(d), upon alleging the parties have lived separate and apart for at least three years and the marriage is irretrievably broken, where the parties have been together for infrequent visits and trips, and engaged in sporadic instances of sexual relations. We hold such a relationship is not necessarily a bar to obtaining a divorce under the Divorce Code.

Ian C. Osborn and Kristin W. Osborn were married on July 23, 1977. Some 21 months later, in late April…