Burkhart v. Burkhart

Rodney, J.,

delivering the opinion of the Court:

At the hearing I was interested in the question as to the right of the plaintiff to establish such a separate domicile in Delaware as would enable her to bring her action for divorce. Upon examination and consideration of the authorities I am convinced that such right exists.

It is, of course, true that at common law, upon marriage, the legal domicile of the wife merged into that of the husband as a legal sequence of the marriage contract. It is equally true that the rule was based upon the supposed unity of husband and wife, and many cases hold…