Byers v. . Byers

In defining the cause for divorce created by it, chapter 100, Public Laws of 1937, under which this action is brought, reads as follows:

“Section 1. Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for two years, and the plaintiff in the suit for divorce has resided in the State for a period of one year.”

The question posed for our consideration is whether a divorce a vinculo can be had under this law upon the ground that the parties “have lived separate and…