Rodrique v. Rodrique

Libelant appeals from a Superior Court (Dunfey, J.) ruling denying an uncontested libel for divorce based on irreconcilable differences which allegedly caused the irremediable breakdown of the parties’ marriage. RSA 458:7-a (Supp. 1972). The principal issue at the trial, and the sole issue on appeal, is whether or not the four-year limitation set forth in RSA 458:26 II (Supp. 1972) bars a libel for absolute divorce filed less than four years after the issuance of a decree of legal separation of the parties.

George and Mary Rodrique were married in Berlin, New Hampshire, on May 6, 1950. The…