Menard v. Menard

This petition for an absolute divorce on the ground of willful desertion was denied and dismissed after a hearing in the Family Court. The petitioner is now in this court prosecuting an appeal from that decision.

It appears that in July of 1960 respondent left the marital domicile, taking with her the four minor children of the parties, and that she has since maintained a separate domicile. The instant petition charges respondent with having willfully deserted petitioner for a period of five years. However, the trial judge found that the parties had not lived separate and apart for a period of…