Myers v. Myers

HILL, Judge.

Plaintiff in his complaint filed 15 July 1981 alleged the parties separated on 14 June 1980 and have lived continuously separate and apart since then. The defendant denied this allegation. At trial, plaintiff’s evidence conformed to his pleadings. The jury returned a verdict in favor of plaintiff, granting him an absolute divorce from defendant based on one year’s separation.

The essential question raised on this appeal is whether the plaintiff had to prove that separation occurred specifically on 14 June 1980. Defendant contends that if separation occurred on any other date, even…