Legal Opinion

Anton v. Anton

Supreme Court of Delaware

Decided December 7, 1955No. 12, 1955PublishedCited by 3 opinions

1Opinion of the Court

Southerland, C. J.:

The question in this case is whether the specific findings of the trial judge are sufficient to support his conclusion that the defendant (the wife) was guilty of constructive desertion.

One of the causes for absolute divorce under the Delaware statute is “wilful desertion for two years”. 13 Del. C. § 1522. In construing this statute our courts have approved the doctrine of “constructive desertion”. Harrington v. Harrington, 8 W. W. Harr. (38 Del.) 333, 192 A. 555. In the liberal view of this doctrine, one spouse may leave the other and sue for divorce after two years if the…

2Cases cited5 opinions

  1. Singewald v. SingewaldCourt of Appeals of Maryland · 1933
  2. Dadio v. DadioSupreme Court of Connecticut · 1937
  3. Campbell v. CampbellSupreme Court of Connecticut · 1929
  4. Harrington v. HarringtonSuperior Court of Delaware · 1937
  5. Hudgins v. HudginsSuperior Court of Delaware · 1952

3Cited by3 opinions

  1. Reynolds v. ReynoldsSupreme Court of Delaware · 1967
  2. Tyndall v. TyndallSupreme Court of Delaware · 1968
  3. Moore v. MooreSupreme Court of Delaware · 1958

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