Mott v. Mott

The majority acknowledges that a spouse in a divorce action can rebut the presumption of desertion that arises from the separation of the parties for the statutory period by showing that the other spouse consented to the separation. Slip op. at 2. See Gureghian v. Gureghian, 206 Pa.Super. 411, 213 A.2d 218 (1965); Burt v. Burt, 194 Pa.Super. 34, 166 A.2d 85 (1960). I disagree with the majority’s conclusion that appellant deserted her husband because I believe that appellant succeeded in establishing that her husband consented to her departure from their home.

Appellant testified without…